Vineyard Investigations v. E. & J. Gallo Winery

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VINEYARD INVESTIGATIONS, No. 1:19-cv-01482-NONE-SKO Plaintiff, v. ORDER DENYING DEFENDANT’S

MOTION TO DISMISS

E. & J. GALLO WINERY, (Doc. No. 13) Defendant.

16 INTRODUCTION Plaintiff Vineyard Investigations initiated this action by filing a complaint on October 18, 2019 against defendant E. & J. Gallo Winery. (Doc. No. 1.) Therein, plaintiff alleges that defendant infringes upon U.S. Patent Nos. 8,528,834 (“’834 Patent”) and 6,947,810 (“’810 Patent”) (collectively, the “Asserted Patents”) relating to the “intelligent monitoring and management of crops such as grapevines.” (Id. ¶ 33.) Plaintiff seeks: 1) judgment that the Asserted Patents have been and continue to be infringed by defendant; 2) an accounting of damages resulting from defendant’s infringing acts; 3) a finding that defendant’s infringement is willful and enhancement of damages under 35 U.S.C. § 284; 4) a mandatory future royalty…