Regents of the University of California v. LTI Flexible Products, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 REGENTS OF THE UNIVERSITY OF Case No. 3:20-cv-08686-WHO CALIFORNIA, et al., 8 Plaintiffs, ORDER ON MOTION TO DISMISS 9 v. Re: Dkt. Nos. 61, 63, 72

LTI FLEXIBLE PRODUCTS, INC.,

11 Defendant.

12 Plaintiffs Regents of the University of California (“the Regents”) and TiMEMS, Inc., sued defendant LTI Flexible Products, Inc., d/b/a Boyd Corporation (“Boyd”) for patent infringement, declaratory judgment of ownership of patents, and unjust enrichment connected to alleged wrongful taking of the patent rights. Boyd’s motion to dismiss most of the claims is granted in part and denied in part. The challenged patent infringement claim survives because the plaintiffs have made a sufficient preliminary showing that they have standing to pursue it. One of the three declaratory judgment claims is dismissed because it appears to have been filed beyond the statute of limitations, but the plaintiffs have leave to amend to better plead that the discovery rule saves it. The other two…