Oracle America, Inc. v. NEC Corporation of America
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 ORACLE AMERICA, INC., et al., Case No. 21-cv-05270-CRB
Plaintiffs,
ORDER GRANTING MOTION TO
v. DISMISS COUNTERCLAIMS AND TO
STRIKE AFFIRMATIVE DEFENSES
NEC CORPORATION OF AMERICA, Defendant.
Plaintiffs Oracle America, Inc., and Oracle International Corporation (“Oracle”) filed suit against Defendant NEC Corporation of America (“NECAM”) for copyright infringement and breach of contract. In its answer, NECAM stated eight affirmative defenses and six counterclaims. Oracle moved to dismiss NECAM’s first, second, and third counterclaims, and to strike NECAM’s corresponding third and fourth affirmative defenses. The Court GRANTS Oracle’s motion. I. BACKGROUND Oracle America and Oracle International are corporations incorporated in Delaware and California, respectively; both have their principal place of business in Redwood Shores, California. Compl. (dkt. 1) ¶¶ 1-2. NECAM is a Nevada corporation with its …