Andren
Andren v. Alere, Inc.
Opinion
Lead Opinion
Honcuriel, J.
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS WITH LEAVE TO AMEND
Before the Court is Defendants’ motion to dismiss the complaint. (Dkt. No. 11.) An opposition and reply were filed. (Dkt. Nos. 16, 17.) Based on the reasoning below, the Court GRANTS Defendants’ motion to dismiss with leave to amend.
Background
On May 26, 2016, Plaintiffs Dina Andren (“Andren”) and Sidney Bludman (“Blud-man”) filed a purported class action complaint alleging that Defendants Alere, Inc., Alere Home Monitoring, Inc. and Alere San Diego, Inc. (“Defendants”) unlawfully, deceptively and misleadingly engaged in the manufacturing, marketing and sales of the INRatio products which include “IN-Ratio PT/INR Monitors,” “INRatio PT/ INR Test Strips,” “INRatio2 PT/INR Monitors” and “INRatio2 PT/INR Test Strips” (collectively, the “INRatio products”). (Dkt. No. 1, Compl.)
In the late 1990’s Defendants’ predecessor, HomoSense, Inc. 1 , developed and manufactured the “INRatio products” which are electronic testing devices designed to assist patients who have been prescribed blood-thinners, such as warfarin, to monitor their blood clotting time at home. (Id. ¶¶ 2, 14, 20.) The INRatio monitor, paired with the…