Posts Tagged: standing


Western Tennessee Judge Denies Spotify’s Motions to Dismiss Copyright Infringement Claims Brought by Bluewater Music

U.S. District Judge Jon McCalla of the Western District of Tennessee recently issued an order denying motions made by interactive streaming music provider Spotify to dismiss …
By Steve Brachmann
1 month ago 1

Can the Federal Circuit Refuse an Appeal by a Non-defendant Petitioner in an IPR?

JTEKT Corp. v. GKN Automotive Ltd., No. 2017-1828 (Fed. Cir. 2018) raises the important question of whether the Court of Appeals for the Federal Circuit can refuse to …

Federal Circuit Dismisses PTAB Appeal Because Appellant Fails to Prove Injury-In-Fact for Standing

On Friday, August 3rd, the Court of Appeals for the Federal Circuit issued a precedential decision in JTEKT Corporation v. GKN Automotive, which dismissed an appeal stemming …
By Steve Brachmann
3 months ago 1

STRONGER Patents Act Introduced in House, Seeks to Strengthen a Crippled Patent System

In a telephone interview, Rep. Stivers noted that, while the AIA was intended as legislation that would make the patent system more efficient, the resulting differences in …
By Steve Brachmann
8 months ago 21

Lack of Signature on Assignment Declaration Nixes Standing for Patent Co-Owners

In its decision, the Federal Circuit upheld a lower court’s ruling that Advanced Video did not have standing to sue for patent infringement after it was …
By Steve Brachmann
10 months ago 1

Split CAFC Panel Says ‘Will Assign’ Provision of Employment Agreement Insufficient for Standing

In 2011, Advanced Video filed suit against HTC for patent infringement in the Southern District of New York. The district court dismissed the suit for lack of standing, …

PETA, photographer settle copyright ownership of monkey selfie

A complaint was filed in the Northern District of California on behalf of Naruto, at the time a six-year-old crested macaque residing in the Tangkoko Reserve located …
By Steve Brachmann
1 year ago 3

Federal Circuit says non-profit EFF has standing in IPR appeal

In an IPR brought by Electronic Frontier Foundation (EFF), Personal Audio appealed a Board determination that invalidated its patent for storing and distributing episodic media files. Personal …

Federal Circuit Clarifies Injury in Fact Standing to Challenge Final Agency Decision in IPR

In appealing from a final IPR decision, the appellant must have standing, based on evidence of record or supplemental evidence showing an “injury in fact.” Alleged economic …

Curing the PTAB: How 3 Fixes Will Make a Better, Fairer Process

When the America Invents Act (AIA) was being formulated, from about 2005 – 2011, nothing was more subject to change bill-to-bill than the proposed “1st look” and “2nd look” procedures …
By John White
2 years ago 8

Reputational Injury Confers Standing to Sue For Correction of Inventorship

The Court expressly held that concrete and particularized reputational injury alone can give rise to Article III standing to correct inventorship under § 256. Recognition as an inventor of …

Do you have what it takes to bring suit at the ITC? — Standing and the ITC’s domestic industry requirement

Put simply, Section 337 requires that an ITC complainant show that, as of the time of filing, (a) it maintains a certain level of economic activity within the …

Wakeboard Inventor Cannot Correct Patent Inventorship

Borden Larson appealed the decisions of the United States District Court for the Middle District of Florida that granted summary judgment in favor of Defendants-Appellees Correct Craft, …
By Gene Quinn
9 years ago 0

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