DNA Genotek Inc. v. Ancestry.com DNA, LLCC.A. No. 15-355 - SLR, March 22, 2016

Robinson, J. Defendant’s motion to dismiss willful infringement, conversion, trespass to chattel, and action to quiet title claims is granted in part and denied in part.

With respect to willful infringement, the court finds that the parties’ ongoing business relationship made defendant aware that accused saliva collection kits were marked as patent protected.  As for the conversion and trespass to chattel claims, the complaint does not adequately plead these claims to withstand the economic loss doctrine and the motion to dismiss is granted in these regards. Finally, the court determines that plaintiff has properly pled its quiet title claim under Utah law.