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Rondevoo Techs., LLC v. Aernos, Inc.

United States District Court for the District of Delaware

March 24, 2020, Decided; March 24, 2020, Filed

Civil Action No. 19-680-RGA

Opinion

MEMORANDUM OPINION

March 24, 2020

/s/ Richard G. Andrews

ANDREWS, UNITED STATES DISTRICT JUDGE:

Before me is Defendant Aernos' Motion to Dismiss for Failure to State a Claim. (D.I. 7). I have reviewed the Parties' briefing (D.I. 8, 15, 17) and heard oral argument on November 22, 2019. Because I find the asserted claims of the patents at issue do not satisfy the test for eligibility under § 101 of the Patent Act, I will grant Defendant's motion to dismiss.

I. BACKGROUND

Plaintiff filed this patent infringement lawsuit asserting claims of two patents against Defendant on April 11, 2019. (D.I. 1). U.S. Patent No. 9,453,814 ("the '814 patent") and U.S. patent No. 9,927,391 ("the '391 patent"), both entitled "Nano Sensor," are directed to a "nano gas sensor device" that detects and changes in reaction to the presence of a gas, chemical, or biological object. (Id., Ex. A-B). The '814 patent is a continuation of eight [*2]  applications, each of which has been granted a patent. (Id., Ex. A).

Plaintiff alleges Aernos' AerIoT, a nano gas sensor device, infringes two particular claims of the patents. (Id. at 1). Asserted Claim 1 of the '814 patent claims:

A device, comprising:

an upper metallic layer,

a lower layer,

a nano sensor array positioned between the upper and lower layers to detect a presence of gas, a chemical, or a biological object, wherein each sensor's electrical characteristic changes when encountering the gas, chemical or biological object, and

a matrix film on the nano sensor array wherein a physical parameter of the matrix film changes to measure gas or liquid concentration.

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2020 U.S. Dist. LEXIS 50653 *

RONDEVOO TECHNOLOGIES, LLC, Plaintiff; v. AERNOS, INC., Defendant.

CORE TERMS

abstract idea, patent, sensor, conventional, inventive, nano, specification, layer, asserted claim, biological, chemical, embodiment, eligibility, limitations, electrical, laws of nature, patent-eligible, functions, recite, upper, subject matter, patent-ineligible, technological, preemption, quotations, changes, detect, array, cases