Silicon Genesis Corporation v. EV Group E.Thallner GmbH
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SILICON GENESIS CORPORATION, Case No. 22-cv-04986-JSC
Plaintiff,
ORDER RE: MOTION TO DISMISS
v. SECOND AMENDED COMPLAINT
EV GROUP E.THALLNER GMBH, Re: Dkt. No. 48 Defendant.
12 Before the Court is Defendant’s motion to dismiss the second amended complaint (“SAC”). (Dkt. No. 48; see Dkt. No. 44.) Having carefully considered the briefing, the Court concludes oral argument is unnecessary, see N.D. Cal. Civ. L.R. 7-1(b), VACATES the May 11, 2023 hearing, and DENIES the motion. The Court granted Defendant’s motion to dismiss the first amended complaint because it did not allege facts plausibly supporting an inference that there exist sales of “certain equipment” for which Defendant owes and has never paid royalties. (Dkt. No. 38.) The SAC cures that deficiency. It alleges the parties’ patent licensing agreement covers products including “a plasma enabled bonding system having a plasma activation chamber and one or more of the…