Alivecor, Inc. v. Apple, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ALIVECOR, INC., Case No. 21-cv-03958-JSW

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS COUNTERCLAIM

APPLE INC., Re: Dkt. No. 47 Defendant.

12 Now before the Court for consideration is the motion to dismiss Defendant Apple Inc.’s (“Apple”) counterclaim for indemnification filed by Plaintiff AliveCor, Inc. (“AliveCor”). The Court has considered the parties’ papers, relevant legal authority, and the record in the case, and it finds this matter suitable for disposition without oral argument. See N.D. Civ. L.R. 7-1(b). The Court VACATES the hearing scheduled for May 20, 2022. For the following reasons, the Court GRANTS AliveCor’s motion to dismiss the counterclaim. BACKGROUND AliveCor initiated this lawsuit against Apple on May 25, 2021, alleging antitrust violations and unfair competition claims against Apple. AliveCor alleges that Apple changed the heart rate algorithm on…