Pathway Innovations and Technologies, Inc. v. IPEVO, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PATHWAY INNOVATIONS AND Case No.: 17-CV-312-CAB-BLM
TECHNOLOGIES, INC.,
ORDER DENYING MOTION FOR
Plaintiff, EXCEPTIONAL CASE FINDING v. 14 IPEVO INC., a California corporation; [Doc. No. 42] 15 and DOES 1 through 10, inclusive, 16 Defendants. 17 18 19 This matter is before the Court on Defendant IPEVO, Inc.’s motion for an exceptional case finding under 35 U.S.C. § 285. The motion has been fully briefed, and the Court deems it suitable for submission without oral argument. The motion is denied. I. Background Plaintiff Pathway Innovations and Technologies, Inc. (“Pathway”) filed this lawsuit on February 16, 2017, asserting one claim for infringement of U.S. Patent No. 8,508,751. [Doc. No. 1.] IPEVO first appeared on April 7, 2020, by filing a motion to stay the case pursuant to 28 U.S.C. § 1659(a) pending final determination in a proceeding involving IPEVO and Pathway before the United States International Trade Commission (“ITC”).…