Automated Pet Care Products, LLC v. PurLife Brands, Inc. d/b/a Smarty Pear, a Delaware corporation

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

AUTOMATED PET CARE PRODUCTS, Case No. 22-cv-04261-VC

LLC,

Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART MOTION TO

v. DISMISS

PURLIFE BRANDS, INC. D/B/A Re: Dkt. No. 29

SMARTY PEAR, A DELAWARE

CORPORATION, et al., Defendants.

This order addresses Whisker’s patent infringement and false advertising claims. Whisker’s claims for trademark infringement and false designation of origin are addressed in a separate order. See Dkt. No. 55. This order assumes the reader’s familiarity with the factual allegations in the complaint, the relevant legal standards, and the arguments made by the parties. Whisker fails to state a patent infringement claim based on the ’185 Patent (Count 1) because Whisker’s own photos in the complaint belie any assertion that the Leo’s Loo’s “bonnet … extends over [a] portion of the chamber so that … a rear of the outside wall of the chamber remain[s] uncovered by the bonnet.” See Dkt. No. 25 at 26–27 (reciting the elements of the ’185 Patent); Dkt. No. 25-1 at 87 (depicting fully assembled Leo’s Loo and Leo’s Loo Too products seemingly with…