PRECISELY SOFTWARE INCORPORATED v. LOQATE INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 PRECISELY SOFTWARE Case No. 22-cv-00552-BLF

INCORPORATED,

8 Plaintiff, ORDER DENYING MOTION TO DISMISS v. [Re: ECF No. 34]

LOQATE INC.,

11 Defendant. 12 This breach of contract action involves an alleged overpayment on a contract for which Defendant payee has declined to reimburse. Plaintiff Precisely Software Incorporated (“Plaintiff”) asserts two claims against Defendant Loqate Inc. (“Defendant”) for breach of contract and, in the alternative, unjust enrichment. First Amended Compl. (“FAC”), ECF No. 31. Defendant has moved to dismiss both claims under Federal Rule of Civil Procedure 12(b)(6) (“Motion”). Def. Mot. Dismiss FAC, ECF No. 34. For the reasons set forth below, the Court DENIES Defendant’s Motion. I. BACKGROUND In 2012, Plaintiff’s predecessor, Pitney Bowes Software Inc. (“Pitney Bowes”), entered into a licensing agreement (the…