Fluordx LLC v. Quidel Corporation

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FLUORDX LLC, Case No.: 19-CV-1998 JLS (JLB)

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT’S

MOTION TO DISMISS

QUIDEL CORPORATION,

Defendant. (ECF No. 13) 16 Presently before the Court is Defendant Quidel Corporation’s Motion to Dismiss (“MTD,” ECF No. 13). Also before the Court are Plaintiff FluorDx LLC’s Response in Opposition to (“Opp’n,” ECF No. 14) and Defendant’s Reply in Support of (“Reply,” ECF No. 15) the Motion. After considering Plaintiff’s Complaint, the Parties’ arguments, and the law, the Court GRANTS IN PART and DENIES IN PART Defendant’s Motion. BACKGROUND Plaintiff FluorDx, LLC is a California limited liability corporation located in Carlsbad, California. Compl. ¶ 3, ECF No. 1. Plaintiff is the owner by assignment of U.S. Patent Number 9,274,056 (the “’056 Patent”), issued on March 1, 2016. Id. ¶ 5. The…