Visto Corp. v. Sproqit Technologies, Inc.

ORDER GRANTING PLAINTIFF’S MOTION TO DISMISS DEFENDANT’S COUNTERCLAIMS (Docket No. 51)

Plaintiff Visto Corporation has sued Defendant Sproqit Technologies, Inc. for infringement of Visto’s '192 patent. In turn, Sproqit has filed counterclaims against Visto for (1) declaration of noninfringement and invalidity of the '192 patent, (2) declaration of noninfringement and unen-forceability of another patent (the '708 patent), (3) tortious interference with prospective economic advantage, and (4) defamation. In this motion to dismiss, Visto challenges the state law claims for tortious interference and defamation. Having considered the parties’ briefs and accompanying submissions, as well as the oral argument of counsel, the Court here GRANTS the motion to dismiss without prejudice.

I. FACTUAL & PROCEDURAL BACKGROUND

In its counterclaims, Sproqit alleges, inter alia, the following facts:

(1) “On numerous occasions, Visto has expressed an interest in acquiring Sproqit [but] Sproqit has not agreed to the acquisition.” Countercl. ¶ 6. Visto told Sproqit at one point that, if it did not agree to the acquisition, then Visto would file suit for patent infringement. See id. ¶ 8.

(2) “Visto…