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Federal Judiciary
: Eastern District of Texas Federal Court PracticeMotion to Dismiss for Lack of Standing Granted
By Michael C. Smith
MHL Tek, LLC v. General Motors Corp., --- F.Supp.2d ----, 2009 WL 901334(E.D.Tex. Mar 31, 2009) (NO. CIV.A. 2:08-CV-0125)
Judge: T. John Ward
Holding: Defendants' Motion to Dismiss for Lack of Standing GRANTED
This is a patent case dealing with tire monitoring system on cars. The defendants had filed FRCP 12(b)(1) motions claiming lack of subject matter jurisdiction because the plaintiffs did not have standing to assert the claims with respect to two of the three patents in suit because they didn't own them. Judge Ward agreed and granted the motion. Interestingly, Judge Ward noted that a
parallel action against other defendants based on claims of
infringement of the same patents was previously filed in his court. See
MHL TEK, LLC v. Nissan Motor Co., et al., Case No. 2:07-cv-289-TJW (hereinafter
MHL I ). Readers might recognize MHL I as the case giving rise to the venue opinion and the Federal Circuit's two recent In re VW opinions on venue. Not the Fifth Circuit's In re VW, though. Defendants from
MHL I had previously filed motions to dismiss that case based on the same grounds as the present motion. According to my notes, that motion was granted last September as to these two patents as well
Full post as published by Eastern District of Texas Federal Court Practice on June 10, 2009 (boomark / email).
FAA
Signficant Lack of Oversight in Airline Maintenance

Supreme Court: When Standing is Closely Related to Merits, 12(b)(6) Applies, Not 12(b)(1)
Chancery Grants Renewed Motion to Stay
ATTORNEYS: STANLEY BROWN V. KBA (SC 11/26/2008)
No Jurisdiction To Hear Appeal Of Denial Of Motion To Dismiss
Argument Raised For First Time On Motion For Reconsideration Waived For Appeal







