A federal judge in Baltimore has formally denied a request from ChargePoint for a temporary restraining order that would have prevented a competing EV charging company, SemaConnect, from selling equipment while a patent infringement claim is pursued.
ChargePoint Emergency Request Denied
ChargePoint claims in court documents that SemaConnect is infringing on a number of U. S. patents that they own. At a hearing on December, 22, 2017, ChargePoint asked United States District Judge, Marvin J. Garbis, of the U. S. District Court in Baltimore for Emergency Injunctive Relief. They told the judge that “irreparable harm” was being caused by a contract SemaConnect won to install approximately 1,400 charging stations for VW subsidiary Electrify America.
In a written memorandum and order issued on Thursday, December 28, 2017, Judge Garbis wrote, “the Court shall DENY Plaintiff’s motion.”
The memorandum also said that the defendant, SemaConnect, will be allowed to file a motion to dismiss using the defense that the patents are invalid under the so-called “Alice test.” The judge stated that the motion to dismiss based on invalidity would be promptly resolved. If SemaConnect’s motion to dismiss is denied, Judge Garbis wrote that he intended to move the process quickly with a scheduling order for expedited discovery and trial.
Accordingly,
1. Plaintiff’s Corrected Motion for Emergency Injunctive Relief [ECF No. 7] is DENIED.
2. Defendant shall file by January 8, 2018, a Motion to Dismiss based on invalidity under 35 U.S.C. § 101.
a. Defendant shall also identify which limitations of Plaintiff’s asserted claims are not infringing.
b. Plaintiff shall respond to Defendant’s motion by January 15, 2018.
c. Defendant may reply by January 18, 2018.
d. A hearing shall be scheduled by further Order.
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