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HOLOMAXX TECHNOLOGIES v. MICROSOFT CORP.

Case No. CV-10-4924-JF.

783 F.Supp.2d 1097 (2011)

HOLOMAXX TECHNOLOGIES, a Pennsylvania Corporation, Plaintiff, v. MICROSOFT CORPORATION, a Delaware Corporation, and Return Path, Inc., a Delaware Corporation, Defendant.

United States District Court, N.D. California, San Jose Division.

March 11, 2011.

Attorney(s) appearing for the Case

Erik Swen Syverson, Pick & Boydston, Los Angeles, CA, for Plaintiff.

Gabriel M. Ramsey, Julio Cesar Avalos, Orrick Herrington & Sutcliffe LLP, Menlo Park, CA, for Defendant.

ORDER1 GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND IN PART

JEREMY FOGEL, District Judge.

Defendant Microsoft Corporation ("Microsoft") moves to dismiss the complaint of Plaintiff Holomaxx Technologies ("Holomaxx") pursuant to Fed. R. Civ. Pro. 12(b)(6) for failure to state a claim upon which relief may be granted. The complaint asserts the following claims: (1) violation of 18 U.S.C. §§ 2510, et seq. ("Wiretap...

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