The Federal Circuit recently determined that an exclusive licensee had standing to assert rights in several patents despite the fact that several third parties had a limited right to license the patents in the alleged exclusive field of use. In... Read More
Stauffer v. Brooks Bros., No. 2009-1428 (Fed. Cir. Aug. 31, 2010) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] Just 28 days after oral argument, the Federal Circuit issued a... Read More
The Federal Circuit recently decided that in order to bring an infringement action, an exclusive licensee need not have the right to exclude all others from practicing a patent. In this Commentary, Kimberly Seluga discusses infringement standing in the... Read More
By Dabney Carr In the most recent rulings in the long-running suit by Touchcom, Inc. for malpractice against its Canadian patent firm, Bereskin & Parr ("B&P"), Judge Cacheris recently granted partial summary judgment (found... Read More
by Robert Angle Plaintiffs Porto Technology Co., Ltd.. and Porto Technology, LLC (collectively, "Porto"), recently learned that their "Exclusive Patent License Agreement" from the patent owner is NOT sufficient to give them standing... Read More
In what is likely to be viewed as an unusual ruling, U.S. International Trade Commission (ITC) Administrative Law Judge (ALJ) David P. Shaw dismissed an investigation for lack of standing. 1 The decision to dismiss is noteworthy because a motion for leave... Read More
By Dabney Carr A recent decision by Judge Spencer in the Eastern District of Virginia points out that patentees which file for bankruptcy during the pendency of an action must act promptly to preserve standing. Qimonda AG v. LSI Corp. , Case No... Read More
The Federal Circuit recently determined that an exclusive licensee had standing to assert rights in several patents despite the fact that several third parties had a limited right to license the patents in the alleged exclusive field of use. In Wiav... Read More
By Malvern U. Griffin III , William F. Long , Joshua D. Curry , and Rhett S. White The false patent marking statute, 35 U.S.C. § 292 , permits any person to bring a qui tam suit on behalf of the United States against a patent holder and... Read More
by Dabney Carr Three related corporations, Hill-Rom Company (HRC), Hill-Rom Services, Inc. (HRS) and Hill-Rom Manufacturing, Inc. (HRM), brought suit against General Electric for patent infringement. HRM is the sole manufacturer of products embodying... Read More
WASHINGTON, D.C. — (Mealey’s) The proper analytical framework for assessing standing in Lanham Act false advertising cases is the same for assessing standing in an antitrust action, counsel for Lexmark International Inc. told the U.S. Supreme... Read More
By Matthew Osborne Standing can be a tricky issue in situations where affiliated corporate entities assign and cross-license patents amongst themselves. In Pfizer, Inc., v. Teva Pharmaceuticals USA, Inc. , Case No. 2:10cv128, 2011 U.S. Dist. LEXIS... Read More
Last week, the U.S. Court of Appeals for the Federal Circuit heard oral arguments in the case of Stauffer v. Brooks Brothers, Inc. , Nos. 09-1428 et al. The court must decide whether appellant Stauffer has standing to sue the apparel company for... Read More
Gasper, an adult movie actor, was the president and sole shareholder of Jules Jordan Video (JJV), the creator of the videos in which Gasper appeared. Gasper and JJV filed a copyright action against defendants, alleging that they had copied and sold... Read More