TIBCO Software Inc. v. Procare Portal, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division TIBCO SOFTWARE INC., Case No. 20-cv-03897-LB
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS COUNTERCLAIMS
PROCARE PORTAL, LLC, Re: ECF No. 16 Defendant. 16 INTRODUCTION In this lawsuit, the parties each claim that the other party breached their contract. Plaintiff TIBCO Software licensed its software products to defendant ProCARE Portal, which provides healthcare providers with a software platform to manage compensation. TIBCO sued ProCARE for breach of the contract after ProCARE terminated the contract and did not pay the full licensing fee. ProCARE counterclaimed for breach of contract (and related contract-based claims) and intentional and negligent misrepresentation, generally because TIBCO’s products did not perform as promised. TIBCO moved to dismiss the misrepresentation claims for failure to plead the claims with…