Intellectual Property

Recent Posts

Exclusive licensee entitled to patent infringement standing despite third parties’ limited right to license patent in the licensee’s exclusive field of use – Wiav v. Motorola (Fed. Cir., Dec. 22, 2010)
Posted on 3 Jan 2011 by LexisNexis Patent Community Staff

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

Federal Circuit Addresses Standing in False Patent Marking Case
Posted on 13 Sep 2010 by Brinks Hofer Gilson & Lione

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

How Exclusive Must an "Exclusive Licensee" Be to Sue for Patent Infringement?
Posted on 25 Jan 2011 by Kimberly Seluga

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

Troutman Sanders LLP: EDVA Judge Grants Partial Summary Judgment and Denies Reconsideration in Long-Running Patent Malpractice Action
Posted on 18 Jul 2011 by Troutman Sanders

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

How Exclusive Must an "Exclusive Licensee" Be to Sue for Patent Infringement?
Posted on 25 Jan 2011 by Kimberly Seluga

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

Troutman Sanders: “Exclusive License” Not Exclusive Enough to Support Standing
Posted on 22 Mar 2013 by Troutman Sanders

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

Duane Morris LLP: ITC Administrative Law Judge Dismisses Case for Lack of Standing
Posted on 11 Sep 2012 by Duane Morris LLP

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

Troutman Sanders LLP: Bankrupt Patentee Loses Standing to Pursue Infringement Action
Posted on 13 Mar 2012 by Troutman Sanders

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

Exclusive licensee entitled to patent infringement standing despite third parties’ limited right to license patent in the licensee’s exclusive field of use – Wiav v. Motorola (Fed. Cir., Dec. 22, 2010)
Posted on 3 Jan 2011 by LexisNexis Patent Community Staff

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

Any Person Can Sue for False Patent Marking
Posted on 16 Sep 2010 by Eversheds Sutherland LLP

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

Corporate Affiliates Dismissed for Lack of Standing to Enforce Patents
Posted on 7 Aug 2014 by Troutman Sanders

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

False Advertising Standing Argued at Supreme Court
Posted on 4 Dec 2013 by Melissa Ritti

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

Troutman Sanders LLP: Standing Granted in Trustee-Beneficiary Relationship, Says Judge Smith
Posted on 26 Aug 2011 by Troutman Sanders

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

Oral Arguments in Stauffer v. Brooks Brothers, Inc: FREE DOWNLOAD - Complaint/Opinion, Stauffer v. Brooks Brothers, et al., 08civ10369 (SDNY)
Posted on 11 Aug 2010 by Martha Nimmer

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

Ninth Circuit finds publicity claim preempted by Copyright Act and grants infringement standing to performer as company’s sole employee: Jules Jordan v. 144942 Canada Inc. (Aug. 16, 2010)
Posted on 18 Aug 2010 by Copyright & Trademark Law Community Staff

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