Neo4j, Inc. v. Graph Foundation, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

NEO4J, INC.,

Case No. 5:19-cv-06226-EJD Plaintiff, ORDER GRANTING IN PART AND v. DENYING IN PART MOTION TO STRIKE

GRAPH FOUNDATION, INC.,

Re: Dkt. No. 32 Defendant.

Before the Court is Plaintiff Neo4j, Inc.’s (“Plaintiff or “Neo4j USA”) motion to strike Defendant Graph Foundation, Inc.’s (“Defendant” or “GFI”) Fourth Affirmative Defense for Naked License Abandonment of Trademark; Fifth Affirmative Defense for “Right to Fork and Use Neo4J Open Source under GitHub Terms of Service;” and Sixth Affirmative Defense for Cancellation of Trademark Procured by Fraud in its Amended Answer to Complaint. Dkt. No. 31 (“Amended Answer”). The Court took the matter under submission for decision without oral argument pursuant to Civil Local Rule 7-1(b). For the reasons below, Plaintiff’s motion is GRANTED in…