CertainTeed Gypsum, Inc. v. Pacific Coast Building Products, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

CERTAINTEED GYPSUM, INC., Case No. 19-CV-00802-LHK

Plaintiff,

ORDER GRANTING MOTION TO

DISMISS WITH PREJUDICE

v. Re: Dkt. No. 127 PACIFIC COAST BUILDING PRODUCTS, INC., et al., 16 Defendants.

Plaintiff CertainTeed Gypsum, Inc. (“CertainTeed”) brings the instant case seeking a declaratory judgment that two patents owned by Defendant Pacific Coast and Building Products Inc. (“Pacific Coast”) are unenforceable due to inequitable conduct and that CertainTeed has not infringed those patents. ECF No. 126 (“FAC”). Before the Court is Defendant Pacific Coast and Defendant PABCO Building Products, LLC’s (“PABCO”) (collectively, “Defendants”) motion to dismiss certain inequitable conduct claims in CertainTeed’s First Amended Complaint (“FAC”). ECF No. 127. Having considered the parties’ submissions, the relevant law, and the record in

1 Defendants’ motion to dismiss contains a notice of motion that is separately paginated from the points and…