Tormasi

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 WALTER A. TORMASI, Case No. 19-cv-00772-HSG

Plaintiff, ORDER GRANTING DEFENDANT'S

MOTION TO DISMISS

v. Re: Dkt. Nos. 19, 27, 24, 29 WESTERN DIGITAL CORP., Defendant.

Pending before the Court is Defendant Western Digital Corporation’s motion to dismiss. Dkt. No. 19. Defendant argues that Plaintiff Walter A. Tormasi lacks standing to bring suit because he does not hold title to United States Patent Nos. 7,324,301 (“the ’301 Patent”) and lacks capacity to sue because he is an inmate prohibited from conducting business. Defendant also argues that Plaintiff fails to plausibly allege willful patent infringement. For the reasons explained below, the Court GRANTS the motion. I. BACKGROUND Plaintiff filed this action on February 12, 2019, alleging infringement of the ’301 Patent. Dkt. No. 1 (“Compl.). The ’301 Patent is titled “Striping Data Simultaneously Across Multiple Platter Surfaces” and “pertains to the field of…