United States Federal Circuit

In an infringement action related to two patents, the District Court's dismissal, on grounds that agreements between plaintiff and the original assignee of the patents-in-suit did not confer patentee status on plaintiff, allowing plaintiff to sue defendants without joining the original assignee, is affirmed where: 1) plaintiff cannot sue alone unless it received all substantial rights in the patents-in-suit; 2) at the time of suit, plaintiff did not have all substantial rights in the patents-in-suit; and 3) precedent bars consideration of the nunc pro tunc agreements.

Appellate Information

• Published 2016/05/17

Judges

• WALLACH

Court

• United States Federal Circuit

Counsel