Intellectual Property News and Reports

UTTO Inc. owns U.S. Patent No. 9,086,441, which describes and claims methods for detecting and identifying what the patent calls “buried assets,” referring to underground utility lines. UTTO sued Metrotech Corp., alleging infringement of the patent and tortious interference with prospective economic advantage under California law. The district court dismissed both counts of the complaint for failure to state a claim on which relief can be granted. Regarding patent infringement, we conclude that fuller claim-construction analysis and proceedings are needed in this case to determine the scope of the disputed claim language. Regarding the state-law tort, we see no reversible error in the district court’s dismissal. Accordingly, we vacate in part, affirm in part, and remand.

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