Don’t change horses in midstream: Patentee held to claim construction position taken at lower court The Federal Circuit ruled today that a patentee could not argue a different claim construction than that argued before the district court. Because of this, the court affirmed the lower court’s grant of summary judgment of noninfringement against the patent holder. Also, the court held that the patent holder did have standing to bring the […] Continue Reading →
Federal Circuit again dismisses patent case for lack of standing The Federal Circuit has once again found the plaintiff in a patent infringement lawsuit did not have standing to bring its infringement claim. In order for a single plaintiff to have standing to assert infringement of a patent, that plaintiff must be the owner of the entire interest in the patent. As succinctly stated by […] Continue Reading →
“Bare Licensee” Lacks Standing to Sue for Infringement In Propat International Corp & David Find and Helene Glasser (“Propat”) v. RPsot International Limted, Zafar Khan, Kenneth Barton and Terrance Tomkow (“Rpost”), the Federal Circuit affirmed the district court’s decision that Propat lacked standing to sue for infringement and, on the cross-appeal, affirmed the district court’s order denying RPost’s request for an award of […] Continue Reading →