Huang

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 XIAOHUA HUANG, Case No. 5:24-cv-07181-PCP

Plaintiff,

ORDER GRANTING MOTIONS TO

v. DISMISS AND STRIKE AND

DENYING MOTION FOR

TETRAMEM, INC., ATTORNEYS’ FEES AND COSTS Defendant. Re: Dkt. Nos. 28,

Pro se plaintiff Xiaohua Huang alleges that defendant TetraMem infringes U.S. Patent No. RE45,259 (“the ’259 patent”), which Huang owns. This is the second action that Huang has brought against TetraMem in this district alleging infringement of the ’259 patent. See Xiaohua Huang v. TetraMem Inc., No. 23-cv-04936 (Huang I). Huang voluntarily dismissed Huang I on January 29, 2024, before the court could decide TetraMem’s then-pending motion to dismiss the amended complaint in that case. Huang filed this action asserting very similar claims less than nine months later. TetraMem moves to dismiss Huang’s amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) and to strike sections…