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MACOM Tech. Sols., Inc. v. Litrinium, Inc.

United States District Court for the Central District of California

June 3, 2019, Decided; June 3, 2019, Filed

SACV 19-220 JVS (JDEx)

Opinion

CIVIL MINUTES - GENERAL

Proceedings: (IN CHAMBERS) Order Regarding Motion to Dismiss

The Court, having been informed by the parties in this action that they submit on the Court's tentative ruling previously issued, hereby rules in accordance with the tentative ruling as follows:

Defendant Litrinium, Inc. ("Litrinium") moved to dismiss the First Amended Complaint ("FAC") filed by Plaintiffs MACOM Technology Solutions, Inc. ("Macom") and Mindspeed Technologies, S.A.S. ("Mindspeed") (together, "Plaintiffs"). Mot., Docket No. 34. Plaintiffs filed an opposition. Opp'n, Docket No. 41. Litrinium replied. Reply, Docket No. 43.

For the following reasons, the Court grants the motion.

I. Background

A. Request for Judicial Notice

Litrinium filed a request for judicial notice ("RJN") in support of its motion. RJN, Docket No. 35. Plaintiffs opposed, and Litrinium replied. Docket Nos. 42, 44. Litrinium requests judicial notice of (1) the public availability of two articles from Macom's website (but not the truth of the matters asserted therein; and (2) [*2]  fourteen United States patents and patent applications related to transimpedance control amplifier ("TIA") technology, which is key to the parties' businesses and relates to the allegedly misappropriated trade secrets at issue. RJN, Docket No. 35, Exs. 1-16.

Information on publically accessible articles or websites is subject to judicial notice of the fact that the information was available to the public because such availability is not subject to reasonable dispute. See Heliotrope General, Inc. v. Ford Motor Co., 189 F.3d 971, 981 n.18 (9th Cir. 1999) ("We take judicial notice that the market was aware of the information contained in news articles submitted by the defendants."); Coremetrics, Inc. v. AtomicPark.com, LLC, 370 F. Supp. 2d 1013, 1021 (N.D. Cal. 2005) (taking judicial notice of the contents of a defendant's website). Importantly, Litrinium requests only that the Court take judicial notice of the public availability of the content of these articles and websites not for the truth of matters asserted therein. See Spy Optic, Inc. v. Alibaba.Com, Inc., 163 F. Supp. 3d 755, 762 (C.D. Cal. 2015) ("Courts may take judicial notice of the fact that an internet article is available to the public, but it may not take judicial notice of the truth of the matters asserted in the article.").

Furthermore, "patents are 'matter[s] of public record and the proper subject of judicial notice.'" Sebastian Brown Prods. LLC v. Muzooka Inc., 2016 WL 949004, *5 n.1 (N.D. Cal. Mar. 14, 2016) (quoting X One, Inc. v. Uber Techs., Inc., 239 F. Supp. 3d 1174, 2017 WL 878381, *4 (N.D. Cal. Mar. 6, 2017));  [*3] see also Profil Institut fur Stoffwechselforschung GmbH v.ProSciento, Inc., 2017 WL 1198992, *2 (S.D. Cal. Mar. 31, 2017) (taking judicial notice of patent in CUTSA case).

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2019 U.S. Dist. LEXIS 167880 *; 2019 WL 4282906

MACOM Technology Solutions Inc., et al. v. Litrinium, Inc., et al.

Subsequent History: Motion granted by M/A-COM Tech. Sols., Inc. v. Litrinium, Inc., 2019 U.S. Dist. LEXIS 171453, 2019 WL 4284523 (C.D. Cal., June 11, 2019)

Motion denied by M/A COM Tech. Sols., Inc. v. Litrinium, Inc., 2019 U.S. Dist. LEXIS 228417, 2019 WL 8108729 (C.D. Cal., Sept. 3, 2019)

Dismissed by, Without prejudice M/A-COM Tech. Sols., Inc. v. Litrinium, Inc., 2019 U.S. Dist. LEXIS 212479, 2019 WL 6655274 (C.D. Cal., Sept. 23, 2019)

Costs and fees proceeding at, Motion denied by Macom Tech. Solutions, Inc. v. Litrinium, Inc., 2020 U.S. Dist. LEXIS 99434 (C.D. Cal., Apr. 22, 2020)

Prior History: M/A-COM Teech. Solutions, Inc. v. Litrinium, Inc., 2019 U.S. Dist. LEXIS 231584 (C.D. Cal., Apr. 10, 2019)

CORE TERMS

secret, misappropriation, notice, patent, confidential, technology, secrecy, conclusory, disclosure, departure, deleted, trips, coordinate, website, laptop