CyboEnergy, Inc. v. Northern Electric Power Technology, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CYBOENERGY, INC., Case No. 23-cv-06121-JST
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS
NORTHERN ELECTRIC POWER Re: ECF No.
TECHNOLOGY, INC.,
11 Defendant.
12 Before the Court is Defendant Northern Electric Power Technology, Inc.’s motion to dismiss Plaintiff CyboEnergy, Inc.’s claims for direct patent infringement and breach of contract. ECF No. 21. The Court will grant the motion. I. BACKGROUND In the operative first amended complaint, CyboEnergy alleges that Northern Electric infringes U.S. Patent No. 8,786,133 (“the ’133 patent”), entitled “Smart and Scalable Power Inverters,” and breached the parties’ October 19, 2022 settlement agreement in a prior case, CyboEnergy, Inc. v. N. Elec. Power Tech., Inc., Case No. 3:21-cv-08534-SI. ECF No. 19. Northern Electric has moved to dismiss the direct infringement and breach of contract claims. ECF No. 21. CyboEnergy’s allegations regarding indirect infringement are…