Becton, Dickinson and Company v. Cytek Biosciences Inc.

1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 BECTON, DICKINSON AND Case No. 18-cv-00933-MMC

COMPANY,

8 Plaintiff, ORDER GRANTING MOTION TO 9 DISMISS COUNTERCLAIMS v. 10 Re: Dkt. No. 139 CYTEK BIOSCIENCES INC., et al., 11 Defendants. 12 13 Before the Court is plaintiff/counterdefendant Becton, Dickinson and Company’s 14 (“BD”) motion, filed September 5, 2019, to strike and/or dismiss the first and second 15 causes of action asserted against it in defendant/counterclaimant Cytek Biosciences, 16 Inc.’s (“Cytek”) Second Amended Counterclaims (“SACC”). Cytek has filed opposition, to 17 which BD has replied. 18 Having read and considered the papers filed in support of and in opposition to the 19 motion, the Court rules as follows.1 20 BACKGROUND 21 Becton is a “medical technology company” that “manufactures and sells a broad 22 range of medical supplies, devices, laboratory equipment, and diagnostic products” (see 23 Compl. ¶ 8), including flow…