Facts

UTTO Inc. brought an action against Metrotech Corp.
Among other things, Metrotech Corp. develops and manufactures products for buried utility locating, fiber-optic cable locating, ferrous metal detection, and coating analysis.
UTTO is the assignee of U.S. Patent No. 9,086,441 (the '441 Patent), which claims a method for locating "buried assets"--industry terminology for underground utility lines, pipes, and cables. When a technician searches for a buried asset, there may be multiple buried assets creating interference with the electromagnetic signals used by locators to determine where utility lines have been buried. According to UTTO, the '441 Patent provides a "more efficient, safe, and precise way of locating a particular buried asset," particularly when there are multiple assets buried in close proximity.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant infringed upon plaintiff's patent and interfered with its prospective economic advantage. Despite being specifically informed about the '441 Patent owned by plaintiff and how defendant's offering, called the "RTK-Pro Walk Back Feature," infringed the patent, defendant continued to market its product with the infringing feature, intentionally and willfully in violation of the patent laws of the United States. In promoting its RTK-Pro Walk Back Feature, defendant represented to known UTTO potential customers that it was the rightful inventor and originator of the software and had been attempting to dissuade potential UTTO customers from contracting with plaintiff.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

Defendant's motion to dismiss was granted with prejudice.