Obesity Research Institute, LLC v. Fiber Research International, LLC

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF AND COUNTERDEFENDANT OBESITY RESEARCH INSTITUTE’S MOTION TO DISMISS DEFENDANT’S FIRST AMENDED COUNTERCLAIMS

(ECF No. 43)

On March 16, 2015, Obesity Research Institute, LLC (“Obesity Research”) filed a Complaint for Declaratory Judgment against Fiber Research International, LLC (“Fiber Research”) asking the Court to declare that it has no liability under either the Lanham Act, 15 U.S.C. §§ 1125 et seq., or the Federal Food, Drug, and Cosmetic Act (“FFDCA”), 21 U.S.C. §§ 301 et seq. (ECF No. 1.) On May 28, 2015, Fiber Research filed an Answer, in which it asserts the affirmative defense of unclean hands, and a First Amended Counterclaims. (ECF No. 41 (“FACC”).) The FACC alleges a violation of the Lan-ham Act (false advertising, unfair competition and false designation in violation of section 1125(a)(1)), a violation of California’s unfair competition law (“UCL”), Cal. Bus. & Prof. Code §§ 17200 et seq., and a violation of California’s false advertising law (“FAL”), Cal. Bus. & Prof. Code §§ 17500 et seq. (Id.)

Presently before this Court is a Motion to Dismiss the FACC filed by Obesity Research pursuant to Federal Rule of Civil…