United States Federal Circuit
WiAV Solutions, Inc. v. Motorola, Inc., 10-1266
In a patent infringement suit related to signal transmission, as well as encoding and decoding of data, district court's decision that plaintiff lacked constitutional standing to assert the Mindspeed patents against the defendants because several third parties have a limited right to license, is reversed and remanded where: 1) an exclusive licensee does not lack constitutional standing to assert its rights under the licensed patent merely because its license is subject not only to rights in existence at the time of the license but also to future licenses that may be granted only to parties other than the accused; and 2) plaintiff has shown that it has the right under the patents to exclude the defendants from engaging in the alleged infringing activity and therefore is injured by the defendants' conduct.
Appellate Information
- Decided 12/22/2010
- Published 12/22/2010
Judges
Court
- United States Federal Circuit
Counsel
- For Appellant:
- J. MICHAEL JAKES, JOSEPH E THOMAS