UTTO Inc. v. Metrotech Corporation

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

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

METROTECH CORPORATION, Re: Dkt. No. 42 Defendant.

12 For the fourth time, defendant Metrotech Corp. (“Metrotech”) moves to dismiss the operative complaint filed by plaintiff UTTO Inc. (“UTTO”), which alleges that Metrotech infringed upon one of UTTO’s patents and interfered with its prospective economic advantage. The motion to dismiss the Third Amended Complaint (“TAC”) is GRANTED and UTTO’s claims DISMISSED with prejudice. UTTO has not shown that the “buffer zone” recited in Claim 1’s “generating limitation” can be generated using only one buried asset data point. Nor has UTTO adequately alleged that the walk back feature’s use of one data point is functionally equivalent to the group of buried asset data points needed to generate that buffer zone. As a result, UTTO has not sufficiently pleaded an infringement claim. UTTO’s…