Pop Top Corp v. Rakuten Kobo Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 POP TOP CORP, Case No. 20-cv-04482-DMR

Plaintiff,

ORDER ON DEFENDANT’S MOTION

v. FOR SUMMARY JUDGMENT OF

NON-INFRINGEMENT

RAKUTEN KOBO INC., Re: Dkt. No. 28 Defendant.

Plaintiff Pop Top Corp. (“Pop Top”) filed this patent case against Defendant Rakuten Kobo Inc. (“Kobo”), the maker and distributor of the Kobo App, which is an eReader software application for reading eBooks. It alleges that the Kobo App infringes the sole claim of U.S. Patent No. 7,966,623 (“the ‘623 patent”), which relates to a method of highlighting services on web pages and other “internet documents.” Kobo now moves for summary judgment of non- infringement. [Docket No. 28.] The court held a hearing on May 27, 2021. For the following reasons, the court grants the motion. I. BACKGROUND A. The ‘623 Patent The ‘623 patent is titled “Method and Apparatus for Enabling Highlighter Services for Visitors to Web Pages.” Compl.…