Taylor v. Taylor Made Plastics, Inc., 8-12-cv-00746 (FLMD April 29, 2013, Order) (Kovachevich, J.).
Wednesday, May 1, 2013
Former Spouse’s Marital Property Rights Undercut Plaintiff’s Standing
The court granted defendant's motion to dismiss plaintiff's infringement action for lack of standing because plaintiff's ex-wife who had legal title to the patent-in-suit was not a party to the action. "[S]ince the Patent was issued to the Plaintiff while he was married . . . the Patent was presumably a marital asset, under Florida law, prior to the issuance of the Divorce Settlement. The Divorce Settlement merely reinforced that presumption by subjecting the Patent to equitable distribution and awarding [plaintiff's ex-wife] a 60% interest in any proceeds from the Patent. . . . Since the Divorce Settlement reinforces [her] ownership interest in the Patent, the Complaint must be dismissed because [she] has not been made a party to the suit."