Enovsys LLC v. Uber Technologies, Inc.

CourtDistrict Court, N.D. California
DecidedJune 30, 2025
Docket5:23-cv-04549
StatusUnknown

This text of Enovsys LLC v. Uber Technologies, Inc. (Enovsys LLC v. Uber Technologies, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Enovsys LLC v. Uber Technologies, Inc., (N.D. Cal. 2025).

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 ENOVSYS LLC, Case No. 23-cv-04549-EJD

9 Plaintiff, ORDER REGARDING FIRST AND SECOND MOTIONS FOR 10 v. RECONSIDERATION

11 UBER TECHNOLOGIES, INC., Re: ECF Nos. 65, 69 Defendant. 12

13 This is a patent infringement case alleging that Defendant Uber Technologies, Inc. 14 infringed U.S. Patent Nos. 6,441,752 (“’752 patent”), 6,756,918 (“’918 patent”), and 7,199,726 15 (“’726 patent”) (collectively, the “Asserted Patents”). The Court is in receipt of Plaintiff Enovsys, 16 LLC’s Second Motion for Leave to File a Motion for Reconsideration. ECF No. 69 (“Second 17 Reconsideration Motion”). Enovsys seeks reconsideration of the Court’s June 17, 2024 order 18 granting Uber’s motion to dismiss, ECF No. 64 (“MTD Order”). Also pending is the portion of 19 Enovsys’s First Motion for Leave to File a Motion for Reconsideration, ECF No. 65 (“First 20 Reconsideration Motion”), that seeks an order clarifying the scope of the MTD Order. Having 21 considered the parties’ briefing on the Second Reconsideration Motion and the scope of the MTD 22 Order, the Court finds that the MTD Order applied to all claims of the Asserted Patents and 23 DENIES Enovsys’s Second Reconsideration Motion. 24 I. BACKGROUND 25 Enovsys filed its complaint on September 5, 2023, alleging infringement of “one or more 26 claims” of the Asserted Patents. E.g., ECF No. 1 ¶¶ 1, 18. Enovsys specifically alleged that the 27 accused products infringe “at least”: 1 • claims 1, 3, 4, 6, 7, and 12 of the ’752 patent; 2 • claims 1, 4, 6, 8, 12, and 13 of the ’726 patent; and 3 • claims 1, 2, 15, 22 and 24 of the ’918 patent. 4 Id. ¶¶ 57, 119, 198. 5 Uber filed a motion to dismiss, and on June 17, 2024, the Court dismissed the complaint 6 without leave to amend, finding the Asserted Patents to be patent ineligible under 35 U.S.C. § 101. 7 MTD Order 21–22. 8 On July 12, 2024, the Court denied in part Enovsys’s First Reconsideration Motion but 9 deferred ruling on the proper scope of the MTD Order. ECF No. 66. The Court later clarified that 10 the MTD Order invalidated only “asserted claims” but found that there was still a question of 11 which claims were “asserted” for purposes of the MTD Order. ECF No. 73. The Court therefore 12 ordered the parties to meet and confer to attempt to resolve this issue. Id. Pursuant to the Court’s 13 order, the parties met and conferred but were unable to reach an agreement. As such, they 14 submitted a joint statement briefing their opposed positions. ECF No. 76 (“Joint Statement”). 15 Meanwhile, on December 1, 2024, Enovsys filed the instant Second Reconsideration 16 Motion. The Second Reconsideration Motion requests leave to file a motion for reconsideration of 17 the MTD Order based on the PTAB’s November 22, 2024 decisions to deny institution of inter 18 partes review (“IPR”) and materials submitted in those proceedings. 19 II. LEGAL STANDARD 20 Northern District of California Local Rule 7-9 governs the procedure for motions for 21 reconsideration. See Civil L.R. 7.9(b) (“A motion for leave to file a motion for reconsideration 22 must be made in accordance with the requirements of Civil L.R. 7-9.”). Leave from the Court is 23 required before a party may file a motion for reconsideration. Id. A movant seeking leave to file a 24 motion for reconsideration must “show reasonable diligence in bringing the motion.” Id. The 25 movant must also show one of the following is met: (1) “at the time of the motion for leave, a 26 material difference in fact or law exists from that which was presented to the Court before entry of 27 the interlocutory order for which reconsideration is sought,” (2) there is an “emergence of new 1 material facts or a change of law occurring after the time of such order,” or (3) there was “[a] 2 manifest failure by the Court to consider material facts or dispositive legal arguments which were 3 presented to the Court before such interlocutory order.” Id. 4 III. DISCUSSION 5 Given that Enovsys’s Second Reconsideration Motion depends, in part, on final resolution 6 of its First Reconsideration Motion, the Court begins its analysis by determining which claims of 7 the Asserted Patents were “at issue” in the MTD Order. 8 A. Scope of the MTD Order 9 The parties agree that the question of which claims were at issue for the MTD Order is a 10 jurisdictional one. See generally Joint Statement. In other words, the claims subject to 11 invalidation are those for which a case or controversy existed when the Court issued its MTD 12 Order. See Streck, Inc. v. Rsch. & Diagnostic Sys., Inc., 665 F.3d 1269, 1282 (Fed. Cir. 2012) (“It 13 is well-established that, in patent cases, the existence of a ‘case or controversy must be evaluated 14 on a claim-by-claim basis.’”) (quoting Jervis B. Webb Co. v. So. Sys., Inc., 742 F.2d 1388, 1399 15 (Fed. Cir. 1984)). 16 Enovsys argues that the “asserted claims” for purposes of the MTD Order are the ones set 17 forth in its February 8, 2024 infringement contentions: 18 • claims 1, 4, 6, 9, 14, and 15 of the ’752 patent; 19 • claims 1, 2, 8, and 12 of the ’726 patent; and 20 • claims 1, 2, and 22 of the ’918 patent. 21 Joint Statement 2. According to Enovsys, service of its infringement contentions before the Court 22 ruled on Uber’s motion to dismiss narrowed the asserted claims, so the MTD Order’s invalidating 23 effect applied only to those claims. 24 Enovsys likens the circumstances here to those in Miller Mendel, Inc. v. City of Anna, 107 25 F.4th 1345 (Fed. Cir. 2024). In Miller Mendel, the plaintiff-patentee’s amended complaint 26 initially asserted that the defendant infringed “one or more claims of the ‘188 patent, including at 27 least Claims 1, 5, and 15.” Id. at 1355. The plaintiff later narrowed the asserted claims to only 1 claims 1, 5, and 15 in response to the defendant’s Rule 12(c) motion for judgment on the pleadings 2 and confirmed in infringement contentions that it had withdrawn all but those three claims. Id. 3 The Federal Circuit held that the district court’s order granting the Rule 12(c) motion only applied 4 to claims 1, 5, and 15, because the district court did not have jurisdiction over the other unasserted 5 claims at that time. Id. The Federal Circuit analogized to its prior cases in which a patentee’s 6 narrowing of the asserted claims before the court ruled on summary judgment motions reduced the 7 scope of the court’s subsequent order. See Streck, Inc. v. Rsch. & Diagnostic Sys., Inc., 665 F.3d 8 1269 (Fed. Cir. 2012); Fox Grp., Inc. v. Cree, Inc., 700 F.3d 1300 (Fed. Cir. 2012). In both Streck 9 and Fox, the patentees initially alleged infringement of “one or more claims,” but later narrowed 10 the claims at issue to a definite set of claims through service of infringement contentions or other 11 discovery. Streck, 665 F.3d at 1284; Fox, 700 F.3d at 1308. 12 Here, as in Miller Mendel, Enovsys’s complaint alleged that Uber infringed “one or more” 13 claims of the Asserted Patents, e.g. ECF No. 1 ¶¶ 1, 18, 56, 118, 197, and identified infringement 14 of “at least” certain claims. Id. ¶¶ 57, 119, 198. Enovsys also served infringement contentions 15 that asserted certain claims after the parties had completed briefing Uber’s motion to dismiss but 16 before the Court issued its MTD Order. However, the similarities to Miller Mendel end there.

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Enovsys LLC v. Uber Technologies, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/enovsys-llc-v-uber-technologies-inc-cand-2025.