OPINION AND ORDER re: 10 MOTION to Dismiss Hon Hai's Complaint or, in the Alternative, to Stay. For the reasons set forth above, Wi-LANs motion to dismiss and/or stay is granted in part and denied in part. This Court has subject matter jurisdi ction over the action, save for Hon Hais claim for non-breach, which is dismissed with leave to amend. Wi-LANs motion to dismiss or stay the action in light of the Florida Action is denied. Its motion to dismiss under Rule 12(b)(6) is denied, except as to Wi-LANs claim for patent misuse, which is dismissed with leave to amend. Any amended pleading must be filed within thirty days of the date of this Order. The Clerk of the Court is directed to close this motion (Doc. No. 10). A conference is scheduled for July 8, 2013 at 4:30 p.m. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 5/28/2013) (rsh)
http://docs.justia.com/cases/federal/district-courts/new-york/nysdce/1:2012cv07900/403312/21/0.pdf?ts=1369834777