The apportionment of patent rights can be a tricky business—particularly where a plaintiff has pledged its patents as collateral, as just illustrated by a new precedential decision from the Federal Circuit.
United States - Patent - Judge Prost Reverses And Remands Judge Albright Dismissal, Finding Constitutional Standing For Patentee Despite Patent Security Agreement Default mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.
On May 1, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Intellectual Tech LLC v. Zebra Technologies Corp. reversing a Western District of Texas ruling that dismissed patent infringement claims for lack of constitutional standing.
How Two Recent Court Decisions Show Ownership Can Be Everything and Standing Must Be Taken Into Account Wednesday, March 3, 2021
In
SiOnyx LLC v. Hamamatsu Photonics K.K., F.3d (Fed. Cir. Dec. 7, 2020), the U.S. Court of Appeals for the Federal Circuit (Judges Lourie, Reyna, and Wallach) affirmed-in-part and reversed-in-part the district court’s decision regarding ownership of the disputed U.S. and foreign patents, finding that sole ownership was proper even though co-inventors came from both parties. The decision presents facts dictating that ownership and inventorship are separate issues. The part of this post on
SiOnyx will focus on the ownership issues.