Kythera Biopharmaceuticals, Inc. v. Lithera, Inc.

ORDER re: Defendant’s Motion to Dismiss the Complaint [20]

Currently before the Court is Defendant Lithera, Inc.’s (“Defendant”) Motion to Dismiss the Complaint [20]. Plaintiff Kythera Biopharmaceuticals, Inc. (“Plaintiff”) filed its Opposition on December 17, 2013 [30], Defendant filed a Reply on December 23, 2013 [31]. This matter was taken under submission on January 2, 2014 [32], Having reviewed all papers submitted pertaining to the Motion, and having considered all arguments presented to the Court, the Court NOW FINDS AND RULES AS FOLLOWS:

Defendant’s Motion to Dismiss is hereby DENIED.

I. Background

Plaintiff is a Delaware corporation with its principal place of business in California. Compl. ¶ 2. Defendant is also a Delaware corporation with its principal place of business in California. Id. at ¶ 3.

Plaintiff is a biopharmaceutical company dedicated to researching and developing pharmaceuticals used in aesthetic medicine, including pharmaceuticals to reduce human body fat. Id. at ¶ 6. Plaintiff was founded in 2005. Id. Since 2006, Plaintiff has used the mark KYTHERA for its pharmaceutical research and development, including in connection with its lead product…