Opinion
6:21-cv-1023-ADA
01-05-2022
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S INDUCED INFRINGEMENT CLAIMS UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) [ECF NO. 20]
ALAN D ALBRIGHT, UNITED STATES DISTRICT JUDGE
Came on for consideration this date is Oracle's Motion to Dismiss Sonrai's Induced Infringement Claims under Federal Rule of Civil Procedure 12(b)(6). ECF No. 20 (the “Motion”). Sonrai filed a notice of non-opposition to the Motion on December 29, 2021. After careful consideration of the Motion, the Parties' papers, and the applicable law, the Court GRANTS Oracle's Motion WITHOUT PREJUDICE. The Court further ORDERS that Plaintiff be allowed to take discovery related to these claims when discovery opens. The Court also GRANTS Plaintiff leave to amend its pleadings to reassert these claims after the start of discovery if it can substantiate those allegations. Plaintiff shall have three months from the opening of discovery to amend its pleadings on a good faith basis under Rule 11.