Federal Circuit Reverses EDVA Dismissal of Patent Infringement Claims For Lack of Standing
As reported previously here, in WiAV Solutions LLC v. Motorola, Inc., et al., Case No. 3:09CV447, Judge Robert E. Payne dismissed seven claims of patent infringement for lack of standing because the plaintiff did not have the exclusive right to license the patent. Plaintiff WiAV had licensed seven of the nine patents at issue from Mindspeed Technologies (which was also named in the case as defendant patent owner). In a December 18, 2009 decision, Judge Payne ruled that WiAV lacked constitutional standing because it was not an exclusive licensee of the patents. Judge Payne later certified WiAV’s appeal of that decision to the Federal Circuit, as reported here.
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