UTTO Inc. v. Metrotech Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 UTTO INC., Case No. 22-cv-01904-WHO

Plaintiff,

ORDER DENYING MOTION FOR

v. PRELIMINARY INJUNCTION

METROTECH CORPORATION, Re: Dkt. No. 9 Defendant.

12 Before me is a motion for a preliminary injunction filed by plaintiff UTTO Inc. (“UTTO”), seeking to bar defendant Metrotech Corp. (“Metrotech”) from marketing, promoting, selling, or distributing firmware in its products that UTTO contends infringes upon one of its patents. The motion is DENIED without prejudice. UTTO has not shown a likelihood of success on the merits, as it has not shown that Metrotech likely infringed on the patent based on the plural construction of “group of buried asset data points.” Moreover, Metrotech has raised a substantial question regarding the patent’s validity in light of prior art. And UTTO has not shown that it will suffer irreparable harm without preliminary relief, namely because it has not offered sufficient proof that monetary…