GPNE Corp. v. Fleetmatics USA, LLC, C.A. No. 13-2049-SLR-SRF, February 20, 2015.

Fallon, M.J. Magistrate’s Report and Recommendation recommends denying plaintiff’s motion to dismiss state law counterclaims.

The disputed technology relates to pagers.  Defendant alleges bad faith regarding plaintiff’s asserting infringement claims without an objectively reasonable basis following a claim construction from the Northern District of California. Defendant alleges plaintiff had knowledge of invalidating prior art references and reexamination proceedings while pursuing its infringement allegations.  The court finds that federal preemption does not bar defendant’s counterclaims.  In addition, the court finds that the state law counterclaims of tortious interference with contract, tortious interference with business opportunity, violation of the Delaware Uniform Deceptive Trade Practices Act, and common law unfair competition are sufficiently pled.