Stemcell Technologies Canada Inc. v. StemExpress, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STEMCELL TECHNOLOGIES CANADA Case No. 21-cv-01594-VC INC., et al.,
Plaintiffs, ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' v. MOTION TO DISMISS AMENDED
COUNTERCLAIMS
STEMEXPRESS, LLC, et al., Re: Dkt. No. 56 Defendants.
The bulk of StemExpress’s counterclaims survive this motion to dismiss because StemExpress has adequately alleged that the plaintiffs misappropriated its trade secrets and breached the confidentiality agreement. However, the California Unfair Competition Law (UCL) claim is dismissed as it is displaced by the California Uniform Trade Secrets Act (CUTSA) claim. Additionally, StemExpress has not adequately alleged that this Court has personal jurisdiction over Eaves, so all claims against him are dismissed as well. Misappropriation of Trade Secrets: To state a cause of action for trade secret misappropriation under CUTSA, a plaintiff must allege that “(1) the plaintiff owned a trade secret; (2) the defendant misappropriated the trade secret; and (3) the defendant’s actions damaged the plaintiff.” Space Data Corp. v. X, 2017 WL 5013363, at *1 (N.D.…