Biological Dynamics, Inc. v. Exokeryx, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No.: 23cv1664 DMS (JLB)

BIOLOGICAL DYNAMICS, INC.,

Plaintiff, ORDER DENYING DEFENDANT’S v. MOTION TO DISMISS EXOKERYX, INC., Defendant. 15 16 This case comes before the Court on Defendant’s motion to dismiss. Plaintiff filed an opposition to the motion, and Defendant filed a reply. For the reasons set out below, the motion is denied. I. BACKGROUND Plaintiff Biological Dynamics is a “leader in exosome isolation technology.” (Compl. ¶ 2.) According to the Complaint, [e]xosomes and other extracellular vesicles are nonparticles secreted by all cell types into the blood or other biofluids. These nanoparticles carry 25 biomarkers of the cell from which they originated. Isolating exosomes and extracellular vesicles allows researchers…