The Federal Circuit has decided not to disturb a Delaware ruling that led to the reversal of a $236.8M verdict won by Densify against VMware last January—at least, for now.
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The vast majority of patent litigation involves a patent or a patent portfolio that has been assigned at least once during its life. Yet seemingly simple and ubiquitous patent assignment documents are blundered by even experienced counsel. Failed patent assignments present a conspicuous procedural trap for unwary patent owners and creates an opportunity for a Federal Rule of Civil Procedure 12(b)(1) “lack of standing” challenge.
[1] To name a few potential pitfalls, U.S. patent law is clear that patent assignments must be in “present tense” language (“assigns” not “will assign” or “shall assign”),