Judge Burke Recommends Grant of Defendants’ Motion for Judgment on the Pleadings in Inventorship Dispute Action

Fox Rothschild LLP
Contact

Fox Rothschild LLP

In his Report and Recommendation entered in Bear Box LLC et al. v. Lancium LLC et al., Civil Action No. 21-534-MN-CJB (D.Del. January 18, 2022), the Honorable Christopher J. Burke recommends that the Court grant Defendants’ Motion for Judgment on the Pleadings seeking the dismissal of Counts III, IV and V of Plaintiff’s Amended Complaint which purport to assert state law claims for conversion, unjust enrichment, and negligent misrepresentation.  Counts I and II of Plaintiff’s Amended Complaint purport to assert claims to correct the inventorship for United States Patent No. 10,608,433 (“the ‘433 patent”) which purportedly claims proprietary technology for energy-efficient cryptocurrency mining systems.  Id. at *1-4.  In recommending the Court to grant Defendants’ Motion for Judgment on the Pleadings with respect to the dismissal of Counts III, IV and V of Plaintiff’s Amended Complaint, Judge Burke agreed that Plaintiff’s conversion and unjust enrichment claims (Counts III and IV) are preempted by federal patent law, and that Plaintiff’s negligent misrepresentation claim (Count V) is deficient as a matter of law due to its failure to include the requisite duty owed by Defendants.  Id. at *4-12.

A copy of the Report and Recommendation is attached.

[View source.]

Written by:

Fox Rothschild LLP
Contact
more
less

Fox Rothschild LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.