In his Report and Recommendation entered in Bear Box LLC et al. v. Lancium LLC et al., Civil Action No. 21-534-MN-CJB (D.Del. January 18, 2022), the Honorable Christopher J. Burke recommends that the Court grant Defendants’ Motion for Judgment on the Pleadings seeking the dismissal of Counts III, IV and V of Plaintiff’s Amended Complaint which purport to assert state law claims for conversion, unjust enrichment, and negligent misrepresentation. Counts I and II of Plaintiff’s Amended Complaint purport to assert claims to correct the inventorship for United States Patent No. 10,608,433 (“the ‘433 patent”) which purportedly claims proprietary technology for energy-efficient cryptocurrency mining systems. Id. at *1-4. In recommending the Court to grant Defendants’ Motion for Judgment on the Pleadings with respect to the dismissal of Counts III, IV and V of Plaintiff’s Amended Complaint, Judge Burke agreed that Plaintiff’s conversion and unjust enrichment claims (Counts III and IV) are preempted by federal patent law, and that Plaintiff’s negligent misrepresentation claim (Count V) is deficient as a matter of law due to its failure to include the requisite duty owed by Defendants. Id. at *4-12.
A copy of the Report and Recommendation is attached.