Defendant's motion to dismiss a plaintiff for lack of standing was granted where that plaintiff was a licensee of only one of two patent owners. "As an exclusive licensee of only one joint owner, [plaintiff] has no 'right to prevent others from making, using, or selling the patented technology.'. . . Without the right to exclude, [plaintiff] lacks standing to bring an action against [defendant] for infringement of the [patent-in-suit]. Thus, the Court holds that an exclusive licensee of one joint patent owner is akin to a bare licensee for standing purposes."
EBS Automotive Services, et. al. v. Illinois Tool Works, Inc., et. al., 3-09-cv-00996 (CASD January 4, 2011, Order) (Sammartino, J.)