By Report and Recommendation entered by The Honorable Christopher J. Burke in Eastman Chemical Co. v. Alphapet Inc., et al., Civil Action No. 09-971-LPS-CJB (D.Del., November 10, 2011), the Court granted in part defendants’ Rule 12(b)(6) motion to dismiss the breach of contract and trade secret misappropriation claims asserted by Plaintiff. The Complaint alleged claims against two of the five defendants for patent infringement, a breach of contract claim against four of the five defendants, and a claim of misappropriation of trade secrets against all five defendants. Id. at 1. The Court granted defendants’ motion to dismiss in part by dismissing without prejudice the breach of contract claim against one of the two defendants it was asserted against and dismissing any claim of breach of implied contract against all defendants. Id. at 2. Defendants’ motion was denied in all other respects. Id.

A copy of the Report and Recommendation of Magistrate Judge Burke is attached hereto.