u-blox AG v. InterDigital, Inc.
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…