CyboEnergy, Inc. v. Northern Electric Power Technology, Inc.
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CYBOENERGY, INC., Case No. 23-cv-06121-JST
8 Plaintiff,
ORDER GRANTING MOTION TO
9 v. DISMISS
10 NORTHERN ELECTRIC POWER Re: ECF No. 21
TECHNOLOGY, INC.,
11 Defendant.
12 13 Before the Court is Defendant Northern Electric Power Technology, Inc.’s motion to 14 dismiss Plaintiff CyboEnergy, Inc.’s claims for direct patent infringement and breach of contract. 15 ECF No. 21. The Court will grant the motion. 16 I. BACKGROUND 17 In the operative first amended complaint, CyboEnergy alleges that Northern Electric 18 infringes U.S. Patent No. 8,786,133 (“the ’133 patent”), entitled “Smart and Scalable Power 19 Inverters,” and breached the parties’ October 19, 2022 settlement agreement in a prior case, 20 CyboEnergy, Inc. v. N. Elec. Power Tech., Inc., Case No. 3:21-cv-08534-SI. ECF No. 19. 21 Northern Electric has moved to dismiss the direct infringement and breach of contract claims. 22 ECF No. 21. CyboEnergy’s allegations regarding indirect infringement are…