LumaSense Technologies, Inc. v. Advanced Engineering Services, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LUMASENSE TECHNOLOGIES, INC., Case No. 20-cv-07905-WHO
Plaintiff,
ORDER DENYING MOTION TO
v. STRIKE AND MOTION TO DISMISS
ADVANCED ENGINEERING SERVICES, Re: Dkt. No.
LLC,
11 Defendant.
12 INTRODUCTION In this action, plaintiff LumaSense Technologies, Inc. (“LumaSense”) alleges that defendant Advanced Engineering Services, LLC (“AES”) infringed several of LumaSense’s trademarks and copyrighted materials. AES moves to strike the claims under California’s anti- SLAPP rule and dismiss under 12(b)(6), arguing that LumaSense’s claims are based exclusively on AES’s protected petitioning activity of filing materials in a related and ongoing state court action between the same parties. LumaSense responds that its claims are not based on AES’s state court filing. For the reasons discussed below, I conclude that AES’s motions are based primarily on a misreading of LumaSense’s Complaint. AES’s motion to strike and motion to…