Alvi Armani Medical, Inc. v. Hennessey

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ RENEWED MOTION TO DISMISS COMPLAINT (D.E. 20)

JOAN A. LENARD, District Judge.

THIS CAUSE is before the Court on Defendants’ Renewed Motion to Dismiss Complaint (“Motion,” D.E. 20; see also D.E. 21 (memorandum of law)), filed on July 14, 2008. On September 16, 2008, Plaintiffs filed their Response to the Motion (“Response,” D.E. 31). On September 26, 2008, Defendants filed a reply (“Reply,” D.E. 35). Having reviewed the Motion, the Response, the Reply and the record, the Court finds as follows:

I. Background

On May 19, 2008, Plaintiffs Dr.…