Free Motion to Dismiss - District Court of California - California

Case 3:07-cv-02845-WHA

Document 48

Filed 11/21/2007

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071116 Notice of Motion to Dismiss

Basil P. Fthenakis, Esq. (SBN 088399) [email protected] Technology & Intellectual Property Strategies Group PC 1000 Elwell Court, Suite 150 Palo Alto, CA 94303 Telephone: (650) 293-3350 Facsimile: (800) 822-7095 Attorneys for Defendant Steven C. Macevicz UNITED STATES DISTRICT COURT

SAN FRANCISCO DIVISION APPLERA CORPORATION ­ APPLIED ) BIOSYSTEMS GROUP, a Delaware ) Corporation, ) ) Plaintiff, ) ) v. ) ) ILLUMNIA, INC., a Delaware Corporation ) SOLEXA, INC., a Delaware Corporation and ) STEPHEN C. MACEVICZ, an individual ) ) Defendants. ) ) ) ) ) Case No. C07 02845 WHA NOTICE OF MOTION BY DEFENDANT STEPHEN C. MACEVICZ TO DISMISS OR IN THE ALTERNATIVE STRIKE PORTIONS OF FIRST AMENDED COMPLAINT OF APPLERA CORPORATION ­ APPLIED BIOSYSTEMS GROUP Date: Time: Courtroom: Before: December 27, 2007 8:00 AM 9, 19th Floor Hon. William Alsup

TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: YOU ARE HEREBY NOTIFIED that on Thursday, December 27, 2007 at 8:00 a.m., or as soon thereafter as this matter may be heard, in Courtroom 9, 19th Floor of the above-entitled court located at 450 Golden Gate Ave., San Francisco, California, Defendant Stephen C. Macevicz ("Macevicz") will move the Court for an order dismissing Plaintiff's claims against him, or in the alternative that the prayers for equitable relief against Macevicz in the First Amended Complaint be stricken. 1
Case No.. C07 02845 WHA NOTICE OF MOTION TO DISMISS FIRST AMENDED COMPLAINT

Case 3:07-cv-02845-WHA

Document 48

Filed 11/21/2007

Page 2 of 2

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071116 Notice of Motion to Dismiss

This motion is made on the grounds that the First Amended Complaint should be dismissed under FRCP Rule 12(b)(6) for failure to state a claim against Macevicz for which relief can be granted, and the First Amended Complaint should also be dismissed under FRCP Rule 21 for misjoinder of parties. The alternative motion is made on the grounds that the prayers for equitable relief in the First Amended Complaint should be stricken under rule FRCP 12(f) as immaterial, impertinent or scandalous matter. This motion will be based upon this Notice, the Memorandum of Points and Authorities in Support of Motion by Stephen C. Macevicz to Dismiss First Amended Complaint of Applera Corporation ­ Applied Biosystems Group, all papers and pleadings on file herein, and any oral or documentary evidence that may be presented at the time of hearing on this motion.

Dated: November 21, 2007

TECHNOLOGY & INTELLECTUAL PROPERTY STRATEGIES GROUP PC

By:

/S/ Basil P. Fthenakis Basil P. Fthenakis, Esq. Attorneys for Defendant Stephen C. Macevicz

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Case No.. C07 02845 WHA NOTICE OF MOTION TO DISMISS FIRST AMENDED COMPLAINT