Stormborn Technologies, LLC v. Topcon Positioning Systems, Inc.
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 STORMBORN TECHNOLOGIES, LLC, Case No. 19-cv-07804-WHO
8 Plaintiff,
ORDER DENYING MOTION TO
9 v. DISMISS
10 TOPCON POSITIONING SYSTEMS, INC., Re: Dkt. No. 35 Defendant. 11
12 13 Plaintiff Stormborn Technologies LLC (“Stormborn”) brings this patent infringement 14 action against Topcon Positioning Systems, Inc. (“Topcon”), alleging that Topcon’s products 15 infringe on Claims 11 through 14 of its patent, US RE44,199 (“the ‘199 Patent”), titled “Variable 16 Throughput Reduction Communications System and Method”. Topcon moves to dismiss 17 Stormborn’s complaint on grounds that the patent claims ineligible subject matter under 35 U.S.C. 18 § 101. 19 Representative Claim 11, considered in light of the specification, is not functionally 20 defined without a specific implementation; it is tied to a concrete structure, the command 21 processor. And if it was directed to an abstract idea, it still provides a specific technological 22 solution that improves the way spread-spectrum…