Beruflich Dokumente
Kultur Dokumente
Plaintiff,
Defendant.
MEMORANDUM OPINION
July ~V , 2010
Wilmington, Delaware
Presently before the Court is a Motion To Dismiss For Lack
I . Background
Texas, but that case was dismissed without prejudice on July 17,
about its standing to sue. (0.1. 19, Evan Decl., Exs. A, B.)
49. )
May 2009, because of doubts about whether the 1996 assignment had
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substantial rights to the patents-in-suit to Security Research
significant rights such that it has the ability to bring suit for
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Specifically, Plaintiff contends that the Purchase Agreement did
Gould Elecs. Inc. v. U.S., 220 F.3d 169, 176 (3d Cir.
2000) (citing Mortensen v. First Fed. Sav. and Loan Ass'n, 549
F.2d 884, 891 (3d Cir. 1977)). If the motion presents a factual
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presents a facial attack, the Court may only consider the
factual attacks.
IV. Discussion
Sys. Ltd. v. Agilent Techs., Inc., 427 F.3d 971, 975-76 (Fed.
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the legal interest in a patent: the right to exclude others from
sue in their own name; (2) those that can sue as long as the
patent owner is also joined in the suit; and (3) those that
includes those that hold less than all substantial rights to the
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The issue before the Court is whether Plaintiff falls into
the first category and has standing to bring suit on its own,
222 F.3d 1372, 1378 (Fed. Cir. 2000) ("To determine whether a
omitted) .
~, Propat Int'l Corp. v. Rpost, Inc., 473 F.3d 1187 (Fed. Cir.
2007); Aspex Eyewear, Inc. v. Miracle Optics, Inc., 434 F.3d 1336
Speedplay, Inc. v. Bebop, Inc., 211 F.3d 1245 (Fed. Cir. 2000);
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Abbott Labs. v. Diamedix Corp., 47 F.3d 1128 (Fed. Cir. 1995);
870 (Fed. Cir. 1991). One of the most important rights in the
the right to exclude others from making, using, and selling the
whether the grantor retains the right to make and use the
Tek II, 222 F.3d at 1380; Textile Prods., Inc. v. Mead Corp., 134
F.3d 1481, 1485 (Fed. Cir. 1998). Whether a party may settle
to bring this action on its own. Under the terms of the Purchase
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control over the exclusionary rights was given to Security
enter into legal fee arrangements and to make all decisions with
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may receive consideration in connection with enforcement actions
Section 7.7 provides that the Purchase Agreement, and the rights
7.7) .
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nevertheless transferred "all substantial rights" to Security
action, it has not suffered any cognizable injury and does not
v. Conclusion
will be granted.
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IN THE UNITED STATES DISTRICT COURT
Plaintiff,
Defendant.
ORDER