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; AFFORDING LEAVE TO v. AMEND 10 CYTEK BIOSCIENCES INC., et al., 11 Defendants. 12 13 Before the Court is defendant/counterclaimant Cytek Biosciences Inc.’s (“Cytek”) 14 motion, filed January 9, 2020, to dismiss the Fifth and Eighth Claims for Relief asserted 15 against it in plaintiff/counterdefendant Becton, Dickinson and Company’s (“BD”) Second 16 Amended Complaint. BD has filed opposition, to which Cytek has replied. 17 Having read and considered the papers filed in support of and in opposition to the 18 motion, the Court rules as follows.1 19 BACKGROUND 20 BD is a “medical technology company” that “manufactures and sells a broad 21 range of medical supplies, devices, laboratory equipment, and diagnostic products,” 22 including flow cytometers.2 (See SAC ¶ 2.) Cytek is a company that “service[s] and 23 …