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: Eastern District of Texas Federal Court PracticeMotion for Summary Judgment on Standing Denied in Design Patent Case
By Michael C. Smith
Dexas Intern., Ltd. v. Office Max Inc., 2009 WL 252166(E.D.Tex. Jan 28, 2009) (NO. CIVA 6:07CV396)
Judge: John Love
This a design patent case in which the defendant claimed the plaintiff did not acquire all of the bundle of sticks from the inventor necessary to have standing. Judge Love detailed the law on standing in these situations and concluded that the Plaintiff holds all exclusionary and all substantial rights in the asserted patents, and thus that the Plaintiff has standing to sue without joining the patentee in suit. Alternatively, the Court found that even if the parties did not intend to transfer all exclusionary rights in the patents
Full post as published by Eastern District of Texas Federal Court Practice on February 09, 2009 (boomark / email).
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