Stormborn Technologies, LLC v. Topcon Positioning Systems, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STORMBORN TECHNOLOGIES, LLC, Case No. 19-cv-07804-WHO

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS

TOPCON POSITIONING SYSTEMS, INC., Re: Dkt. No. 35 Defendant.

12 Plaintiff Stormborn Technologies LLC (“Stormborn”) brings this patent infringement action against Topcon Positioning Systems, Inc. (“Topcon”), alleging that Topcon’s products infringe on Claims 11 through 14 of its patent, US RE44,199 (“the ‘199 Patent”), titled “Variable Throughput Reduction Communications System and Method”. Topcon moves to dismiss Stormborn’s complaint on grounds that the patent claims ineligible subject matter under 35 U.S.C. § 101. Representative Claim 11, considered in light of the specification, is not functionally defined without a specific implementation; it is tied to a concrete structure, the command processor. And if it was directed to an abstract idea, it still provides a specific technological solution that improves the way spread-spectrum…