Dinan

I. BACKGROUND

25 The following allegations derive from the operative Amended Complaint, ECF 43 (“AC”), 26 which the Court must accept as true at the motion to dismiss stage, Fayer v. Vaughn, 649 F.3d 27 1061, 1064 (9th Cir. 2011). Defendant SanDisk, LLC makes and sells various electronic storage devices, including, as relevant here, Universal Serial Bus (“USB”) flash drives and removable memory cards. AC ¶ 1, 4. These storage devices “provide supplemental memory storage” for computers and other electronic devices. Id. ¶ 8. Because Defendant offers storage devices of varying storage capacities, e.g., 256 GB, 128 GB, 64 GB, etc., id. ¶ 10, the packaging for each product identifies the number of GBs the product purportedly contains, id. ¶ 35. However, GB “is an ambiguous term” which “can have two meanings.” Id. ¶ 21. In the “base-2” or “binary” counting system, 1 GB = 1,073,741,824 bytes (or 230 bytes). Id. ¶¶ 13-16, 42. In another counting system, known as the “base-10” or “decimal” system, 1 GB = 1,000,000,000 bytes (or 109 bytes). Id. ¶¶ So, 1 GB in the decimal system contains approximately 7% fewer bytes than 1 GB in the…