Advanced BioTech LLC v. BioWorld USA, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ADVANCED BIOTECH, LLC, a Case No. 1:19-cv-01215 JLT SKO California Limited Liability Company and DALE BARNES, a California Individual, ORDER GRANTING COUNTER-

DEFENDANTS’ MOTION TO DISMISS

Plaintiffs, v. (Doc. 26) BIOWORLD USA, INC., a California corporation; DONALD DAMSCHEN, a California individual, and DIANE BARNES, a California individual, 17 Defendants.

AND RELATED CROSS-CLAIMS.

20 Advanced BioTech LLC and Dale Barnes (collectively “Advanced BioTech”) allege BioWorld USA, Inc., Donald Damschen, and Diane Barnes (collectively “BW USA”) misappropriated trade secrets related to products sold and customers serviced by their competing companies. (Doc. 1 at 49, 58.) BW USA asserts counterclaims against BioTech for common law trademark infringement and unfair competition in violation of state law for BioTech’s use of the marks BIOWORLD and BIOWORLD PRODUCTS. (See generally Doc. 25.) BioTech seeks dismissal of the…