Chromadex, Inc. v. Elysium Health, Inc.

*965 I. INTRODUCTION

Plaintiff ChromaDex, Inc. ("ChromaDex"), brings this action for breach of contract, fraudulent deceit, misappropriation of trade secrets in violation of California Civil Code §§ 3426 et seq. , and misappropriation of trade secrets in violation of 18 U.S.C. § 1836 against Defendant Elysium Health, Inc. ("Elysium"). ( See generally Dkt. 26 [First Amended Complaint, hereinafter "FAC"].) Elysium counterclaims for breach of contract, breach of the implied covenant of good faith and fair dealing, fraudulent inducement, declaratory judgment of patent misuse, and unlawful and unfair business practices in violation of California's Unfair Competition Law ("UCL"), California Business & Professions Code §§ 17200 et seq . (Dkt. 31 [First Amended Counterclaims, hereinafter "CC"].) Before the Court is Elysium's motion to dismiss ChromaDex's fourth, fifth, and sixth amended claims, (Dkt. 30), and ChromaDex's motion to dismiss Elysium's third, fourth, and fifth amended counterclaims, (Dkt. 34). For the following reasons, Elysium's motion is GRANTED IN SUBSTANTIAL PART and ChromaDex's motion is GRANTED IN PART.

II. BACKGROUND

"ChromaDex is Elysium's sole supplier of the…