OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS This case concerns a patent dispute involving an augmented reality device, known as the “HoloLens,” currently being developed by Microsoft Corporation (“Microsoft”). The device is a wearable computer built into a pair of smartglasses that allows a user to interact with holographic images, such as a computer keyboard, without touching a physical object. Plaintiff Holotouch, Inc. (“Holotouch”) filed this case on November 9, 2017, alleging that Microsoft’s HoloLens product infringes on two of its patents: U.S. Patent No. 6,377,238 B1 (“the ’238 patent”) and U.S. Patent No. 7,054,045 B2 (“the ’045 patent”). Broadly speaking, the patents relate to the control of an input device by interacting with a holographic image of a physical device, rather than the physical device itself. Microsoft now moves to dismiss the complaint under Federal Rule 12(b)(6), arguing that the ’238 patent expired in 2013, well before this case arose, and that the allegations in the complaint are otherwise conclusory and fail to state a claim upon which relief may be granted. For the reasons discussed herein, the motion to dismiss is granted in part and denied in part. Count I of the complaint is dismissed; Count II remains viable.BackgroundThe following facts are taken largely from plaintiffs complaint, which I must “accept[] as true” for the purpose of this motion. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).A. HoloLens ProductMicrosoft’s HoloLens is a wearable augmented reality device built into a pair of smartglasses. The device functions as a head-mounted computer system that projects holograms onto a user’s field of vision, allowing the user to see, hear, and interact with holograms as if they were a physical object. A marketing image of the HoloLens is produced below:See Complaint, ECF 1, Fig. 3.The HoloLens is designed, at least in part, to replace traditional physical computers by allowing users to interact with a holographic image, rather than a physical computer, that is projected through high-definition semitransparent holographic lenses. Id. at
8, 24-26. To facilitate this, the headset contains numerous cameras measuring ambient light, the user’s environment, and the user’s physical movements. Id. at27-28. For example, the HoloLens’ cameras and sensors can be used to project a holographic keyboard onto a user’s field of vision, translate the user’s hand gestures into typing movements, and allow the user to “type” onto the holographic keyboard, as shown below:Id., Fig. 2; see also id. at34 (“HoloLens provides a holographic keyboard interface that allows application developers to build a touchscreen keyboard…into HoloLens-supported applications and, therefore, allows users the ability to interact with the holographic keyboard when using one or more HoloLens software applications.”). The HoloLens can also be used to interact with other user interfaces, as shown below:Id., Fig. 1. In short, the HoloLens aims to function as a self-contained, wearable holographic computer system.B. Holotouch’s PatentsHolotouch is an engineering firm that “works with original equipment manufacturers to design and build prototypes of devices using HoloTouch’s patented technologies.” Id. at
