Alfasigma USA, Inc. v. First Databank, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ALFASIGMA USA, INC., Case No. 18-cv-06924-HSG Plaintiff, ORDER GRANTING MOTION TO

DISMISS

v. Re: Dkt. No. 81 FIRST DATABANK, INC., Defendant. 12 Pending before the Court is Defendant First Databank Inc.’s motion to dismiss the second amended complaint. The Court held a hearing on the motion. For the reasons detailed below, the Court GRANTS the motion. I. BACKGROUND The parties are familiar with the claims in this case. The Court therefore only briefly summarizes the alleged facts as relevant to this motion. A. Allegations Plaintiff Alfasigma USA, Inc. is a pharmaceutical company that develops, manufactures, sells, and distributes medical foods. See Dkt. No. 79 (“SAC”) at ¶¶ 12, 17–21. Plaintiff emphasizes that its three products, which must be used under the supervision of a physician, cannot be accurately described as “over-the-counter.” See id. at ¶¶ 2–4, 12, 18, 22, 42 (citing 21 U.S.C. §…