Nos. CV 12-00234-PHX-NVW, CV 12-00924-PHX-NVW.

881 F.Supp.2d 1086 (2012)

CORNUCOPIA PRODUCTS, LLC, Plaintiff, v. DYSON, INC. and Dyson, Ltd., Defendants. Dyson Technology Limited; Dyson, Inc., Plaintiffs, v. Cornucopia Products, LLC, Defendant.

United States District Court, D. Arizona.

July 27, 2012.

Attorney(s) appearing for the Case

Andrew P. Lahser , Law Office of Andrew P. Lahser PLC, Fountain Hills, AZ, Keith Clark Ricker , Cassett Ricker Law PLLC, Phoenix, AZ, for Plaintiff.

Eric Michael Fraser , William J. Maledon , Osborn Maledon PA, Joseph A. Calvaruso , Richard F. Martinelli , Orrick Herrington & Sutcliffe LLP, New York, NY, Robert Allan Rosenfeld , Robert S. Shwarts , Russell Paul Cohen , Orrick Herrington & Sutcliffe LLP, San Francisco, CA, for Plaintiffs and Defendants.


NEIL V. WAKE, District Judge.

Before the Court are the "Dyson Defendants' Motion to Dismiss Pursuant to Rule 12(b)(6) and Rule 9(b)" (Doc. 19) and "Cornucopia's 12(b)(6) Motion to Dismiss and Alternative 12(f) Motion to Strike" (Doc. 37). For the reasons stated below, the Court will: (i) deny Cornucopia's motion to dismiss as moot; (ii) deny Cornucopia's alternative motion to strike on its merits; (iii) grant Dyson's motion to dismiss Cornucopia's...

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