Visto Corp. v. Sproqit Technologies, Inc.
Opinion
Opinion
Chen, J.
ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND OVERRULING PLAINTIFF’S OBJECTIONS
(Docket Nos. 97, 124)
Plaintiff Visto Corporation (“Visto”) has filed a motion for a preliminary injunction. Having considered the parties’ briefs and accompanying submissions, as well as the oral argument of counsel and good cause appearing therefor, the Court hereby DENIES the motion.
I. FACTUAL AND PROCEDURAL BACKGROUND
Visto owns several patents, including U.S. Patent No. 6,085,192 (the 192 patent) which concerns technology that allows wireless communications between firewall-protected local area networks (“LAN”s) and remote clients, such as smart phones, outside the firewall. Visto originally filed suit against Sproqit Technologies (“Spro-qit”) on February 15, 2004, alleging infringement of the 192 patent. On March 9, 2004, Sproqit filed a motion to dismiss or, in the alternative, stay or transfer based on litigation taking place in the District of Minnesota. See Docket No. 5. After the District of Minnesota transferred the case to this District, this Court denied Sproqit’s motion to dismiss as moot on November 12, 2004. See Docket No. 38.