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 GRANTING MOTION TO DISMISS v. Re: Dkt. No.

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 (among other things) declaratory judgment that the plaintiffs rightfully own a patent assigned to Boyd. They allege that the two named inventors were obligated to, and ultimately did, assign their rights in the patent to the Regents before the assignment to Boyd. I have twice held that claim is time-barred, but granted leave to amend because the plaintiffs revealed new facts in their briefs and argument that were never pleaded. Now, Boyd moves to dismiss the claim for declaratory judgment of ownership only to the extent it is based on the pro-rata interest of one of…