Thursday, July 16, 2009

"Exclusive" License by Patent Co-Owner was Insufficient to Convey Standing to Sue for Infringement

"[A] co-owner of the [patent-in-suit] could not have promised [plaintiff's licensor] that all others would be excluded from practicing the patented invention. As a result, [plaintiff's licensor] was not an exclusive licensee of the patent, and could not have granted an exclusive sublicense to [plaintiff]. For this reason, the court concludes that [plaintiff] lacked standing to sue for infringement of the [patent-in-suit] at the time the amended complaint was filed."

Aspex Eyewear Inc, et al v. Miracle Optics Inc, et al., 2-01-cv-10396 (CACD July 14, 2009, Order) (Morrow, J.)

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