Neo4j, Inc. v. PureThink, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 NEO4J, INC., et al., Case No. 5:18-cv-07182-EJD Plaintiffs, ORDER GRANTING MOTION TO v. DISMISS AND STRIKE 10 PURETHINK, LLC, et al., Re: Dkt. No. 73 11 Defendants.

Before the Court is Plaintiff and Counter-Defendant Neo4j, Inc.’s (“Plaintiff” or “Neo4j USA”) Motion to Dismiss for Failure to State a Claim and Motion to Strike (the “Motion”). Dkt. No. 73. Plaintiff moves to dismiss the Tenth Cause of Action for Declaratory Relief for Abandonment of Trademark asserted in the Second Amended Counterclaim (Dkt. No. 72) filed by Defendants and Counterclaimants John Mark Suhy (“Suhy”), PureThink LLC (“PureThink”), and iGov Inc. (“iGov”) (collectively “Defendants”) pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff further moves to strike the substantively identical Ninth Affirmative Defense asserted in Defendants’ First Amended Answer to the Second Amended…