Federal Judiciary

Motion to Dismiss Patent Case for Lack of Prudential Standing Denied - Post-Filing Reassignment Permissibly "Closed the gap" in Plaintiff's Legal Title

By Michael Smith

Positive Tech. v. LG Display Co., Ltd., 2008 WL 4425372 (E.D. Tex. Sept. 24, 2008).
Judge: T. John Ward
Holding: Defendant's Motion to Dismiss for Lack of Standing DENIED
In this very useful opinion Judge Ward set forth the applicable law on the now-common motions to dismiss for lack of standing in a patent case.  In this case the defendant didn't claim there was a lack of constitutional standing, but did argue that the plaintiff lacked prudential standing to assert its claims at the time that it filed suit.  Judge Ward held that in this case even if there was such a defect, the plaintiff was able to cure it post-filing via a reassignment.which "closed the gap" in the plaintiff's legal title.

Full post as published by Eastern District of Texas Federal Court Practice on November 10, 2008 (boomark / email).