United States Federal Circuit

Dismissal of plaintiff's infringement action is affirmed where plaintiff did not qualify as an "effective patentee" and therefore lacked standing under the Patent Act to sue for infringement.

Appellate Information

• Decided 10/18/2005
• Published 10/19/2005

Judges

• PROST, Circuit Judge., Before MAYER, RADER, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Edward W. Goldstein, Goldstein & Faucett, LLP, of Houston, Texas, argued for plaintiff-appellant.   With him on the brief was Corby R. Vowell.


• For Appellees:
  
• James Galbraith, Kenyon & Kenyon, of New York, New York, argued for defendants-appellees.   With him on the brief were Philip J. McCabe, of San Jose, California and Susan A. Smith, of Washington, DC. On the brief for Lecroy Corporation were Frank E. Scherkenbach, Fish & Richardson, of Boston, Massachusetts and Timothy Devlin, of Wilmington, Delaware;  and Thomas H. Jenkins and Michael R. Kelly, Finnegan, Henderson, Farabow, Garrett & Dunner, of Washington, DC for Tektronix, Inc. Of counsel for Agilent Technologies, Inc. was John C. Vetter, Kenyon & Kenyon, of New York, New York.