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Nunc Pro Tunc Patent Infringement

McDermott Will & Emery

Exclusive Licensee Has Constitutional but Not Statutory Standing

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit vacated the dismissal of an exclusive licensee’s complaint for lack of statutory and constitutional standing, despite affirming that the licensee had no statutory standing where...more

McDermott Will & Emery

To Confer Standing, Assignment Must Transfer Entire Exclusive Right

Addressing the issue of standing, the US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a patent case brought by an exclusive licensee, finding that the original assignee had not transferred...more

WilmerHale

Federal Circuit Patent Updates - May 2016

WilmerHale on

Ruckus Wireless, Inc. v. Innovative Wireless Solutions (No. 2015-1425, 1438, 5/31/16) (Prost, Reyna, Stark) - May 31, 2016 3:11 PM - Reyna, J. Affirming summary judgment of non-infringement of patents based on...more

McDermott Will & Emery

Federal Circuit Throws Out a Willful Infringement Verdict Due to Lack of Standing - Alps South, LLC v. The Ohio Willow Wood Co.

Addressing the issue of standing, the U.S. Court of Appeals for the Federal Circuit vacated a jury verdict of willful infringement, finding that plaintiff did not possess all substantial rights to enforce the patent at the...more

Foley & Lardner LLP

Federal Circuit Finds Nunc Pro Tunc Agreement Does Not Confer Standing

Foley & Lardner LLP on

The tenuous nature of an exclusive licensee’s standing to enforce a patent was something I learned early in my legal career, when I was a judicial clerk at the Federal Circuit. In Alps South LLC v. Ohio Willow Wood Co., the...more

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