Fluidigm Corporation, a Delaware Corporation v. Ionpath, Inc., a Delaware Corporation

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7

NORTHERN DISTRICT OF CALIFORNIA

8

9

10 FLUIDIGM CORPORATION, et al., 11 Plaintiffs, No. C 19-05639 WHA

12 v.

13 IONPATH, INC., ORDER GRANTING LEAVE TO

AMEND

14 Defendant.

15 16 INTRODUCTION 17 A patent owner seeks leave to amend its complaint. Because the new allegations of 18 intentional interference with contractual relations and post-suit willful patent infringement 19 plausibly traverse defendant’s opposition, the motion, to the extent below, is GRANTED. 20 STATEMENT 21 A prior order dismissed several claims and detailed the facts of this case (Dkt. No. 46). 22 The proposed second amended complaint alleges that Fluidigm Corporation and Fluidigm 23 Canada Inc. (“patent owner”) and IONpath, Inc. (“defendant”) compete in the market for mass 24 cytometry methods and systems which analyze the structures and biomarkers of cells. 25 Relevant here, the parties’ methods involve labelling a tissue sample with antibody-metal tags, 26 which the parties…