Venclose Inc., et al. v. Covidien LP, et al. (Lead Case) [Consolidated with Case No. 18CV327382]

Case No.: 17CV315406    

9 COUNTY OF SANTA CLARA

12 VENCLOSE INC., a Delaware Corporation, 13 Plaintiff, TENTATIVE RULING RE: DEMURRER TO SECOND AMENDED 14 vs. COMPLAINT

15 COVIDIEN LP, COVIDIEN HOLDING INC.,

and DOES 1 through 20, inclusive,

23 I. INTRODUCTION

24 According to the allegations of the Second Amended Complaint (“SAC”), filed on June 25 12, 2020, plaintiff Brady Esch (“Esch”) (no longer a party to this action) is trained as a 26 mechanical engineer and a materials scientist and engineer. (SAC, ¶ 20.) Esch was hired on 27 August 2, 2004, to work for VNUS Medical Technologies (“VNUS”) at its San Jose, California 28 facility. (Id. at ¶ 21.) On May 8, 2009, VNUS was acquired by defendants Covidien LP and

1 Covidien Holding Inc. (collectively, “Defendants” or “Covidien”) and became a wholly owned 2 subsidiary of Defendants. (Id. at ¶ 23.) Covidien subsequently compelled the majority of the 3 118 VNUS employees fro........