BWB Co Ltd v. Alibaba Group Holding Limited
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 BWB CO LTD, Case No. 3:23-cv-05917-JD
Plaintiff,
ORDER RE DISMISSAL
v.
ALIBABA GROUP (US) INC., et al., Defendants.
9 Plaintiff BWB Co. Ltd. (BWB) sued defendants Alibaba Group (US) Inc., Alibaba Cloud US LLC, and Alibaba.com U.S. LLC (together, Alibaba), for infringement of patents related to customs preclearance information in e-commerce. Dkt. No. 1. Alibaba asks to dismiss this case under Federal Rule of Civil Procedure 12(b)(6) on the grounds that BWB’s patents are directed to patent ineligible subject matter under 35 U.S.C. § 101, and that BWB did not plausibly allege direct infringement. Dkt. No. 25. The Court need reach only the Section 101 contention, and concludes that the patents embody abstract ideas and lack an inventive concept. Consequently, the complaint is dismissed with leave to amend. BACKGROUND The patents-in-suit are United States Patent Nos. 10,460,366 (’366 patent), 11,138,644 (’644 patent), 11,776,027…