Owning the Patent Isn’t Always Enough for Standing
In a recent Initial Determination, an administrative law judge ruled that a patent owner did not have standing to sue without joining a third party to which certain rights had been transferred, reports Jones Day.
Daniel Kazhdan and Blaney Harper discuss Certain Audio Processing Hardware, Software, and Products Containing the Same.
Andrea Electronics Corp filed a complaint asserting that a number of companies, including Apple Inc., infringed its patents by importing certain products. It was undisputed that Andrea held formal title of the patents, but Apple argued that Andrea did not hold “all substantial rights in the patents-in-suit,” as required by Diamond Coating Technologies, LLC v. Hyundai Motor America.
