Medline Industries Inc. v. Maersk Medical Ltd.

MEMORANDUM OPINION AND ORDER

ALESIA, District Judge.

Before the court is defendant Maersk Medical Limited’s motion to dismiss Counts II, III, and VI of plaintiffs complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (“Rule 12(b)(6)”). For the following reasons, the court grants in part and denies in part defendant’s motion to dismiss.

I. BACKGROUND

The following facts are taken from plaintiffs complaint, and are assumed to be true for the purposes of defendant Maersk’s motion to dismiss. Plaintiff Medline Industries, Inc. (“Medline”), an Illinois corporation, is a manufacturer and…