Bot M8 LLC v. Sony Corporation Of America

Background

Bot M8 LLC, described as the patent owner, sought leave to file a motion for reconsideration. The proposed motion concerned an April 2 order that had denied leave to reassert several patents that had previously been dismissed. The court stated that both parties had been heard before ruling on the request.

Court’s analysis

The court applied the standard for reconsideration, which is a request asking the court to revisit an earlier order. It stated that such relief generally requires highly unusual circumstances, including newly discovered evidence, a clear error by the court, or an intervening change in controlling law. Under the cited local rule, clear error includes a manifest failure to consider material facts or dispositive legal arguments.

The court concluded that Bot M8’s theory that the Digital Millennium Copyright Act crossed paths with patent rights remained unsupported by case law. It also stated that Bot M8 had identified no binding decision requiring a different standard for pleading or amendment. In addition, the court rejected Bot M8’s reading of the record, noting that it had directed reverse engineering of the Sony PlayStation 4 at the November 21, 2019 case-management conference. The court said Bot M8’s disagreements were understandable but did not justify extraordinary relief.

Ruling

The court denied Bot M8 LLC’s request for leave to move for reconsideration. The order was signed by Judge William Alsup on April 16, 2020.