u-blox AG v. InterDigital, Inc.

Good Law
United States District Court, Southern District of CaliforniaAugust 8, 20233:23-cv-00002California377 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 U-BLOX AG, et al, Case No.: 23-cv-0002-CAB-AHG

Plaintiffs,

ORDER GRANTING DEFENDANTS’

v. MOTION TO DISMISS

INTERDIGITAL INC., et al,

Defendants. [Doc. No. 36] 16 On August 8, 2023, the Court held a hearing on Defendants’ motion to dismiss. [Doc. No. 36]. For the reasons stated on the record, the Court issues the following ORDER: 1. Based on the Parties’ representations at the hearing, this case is solely an issue related to breach of contract. Accordingly, Plaintiffs’ cause of action for declaratory judgment of non-infringement of the ‘067 Patent is DISMISSED without prejudice. 2. In light of recent Ninth Circuit precedent, Plaintiffs have failed to allege anticompetitive harm in violation of section 2 of the Sherman Act. See FTC v. Qualcomm Inc., 969 F.3d 947, 996 (9th Cir. 2020) (“in order to make out a § 2…

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