Tag Archives: standing

The Art of Losing Gracefully or How Koki’s appellate loss is truly a win.

August 30, 2024PatentCovenant Not to Sue, Federal Circuit, ITC, Mootness, paid, patent infringement, standingDennis Crouch

by Dennis Crouch

We have seen lots of ITC action recently. In the new Koki v. ITC decision, the Federal Circuit found that the accused infringer Koki lacked Constitutional standing to bring the appeal based upon a binding promise not to sue submitted by the patentee Kyocera.

As I discuss at the end of this post, although Koki is the nominal loser, the company substantially advanced its position on appeal because Kyocera was forced to declare (and then clarify) its promise in order to obtain dismissal.

To continue reading, become a Patently-O member. Already a member? Simply log in to access the full post.

No Concrete Plans, No Standing: Federal Circuit’s Latest on IPR Appeals

August 18, 2024PatentAIA Trials, Article III, Case-or-Controversy, Constitutional Law, Dismissal with Prejudice, Federal Circuit, infringement, IPR, judicial review, Kessler Doctrine, obviousness, paid, patent litigation, standingDennis Crouch

by Dennis Crouch

The recent Federal Circuit decision in Platinum Optics v. Viavi Solutions focuses attention once again on the case-and-controversy requirement derived from Article III of the U.S. Constitution, which extends federal judicial power to "Cases" and "Controversies."

The seemingly simple phrase has been the subject of extensive judicial jockeying in the development of the doctrine we know as "standing."

To continue reading, become a Patently-O member. Already a member? Simply log in to access the full post.

Zebra’s Stripes: Just So Stories about Patent Standing

August 11, 2024PatentArticle III Standing, Cert Petition, exclusionary rights, Federal Circuit, Intellectual Property Finance, litigation finance, paid, patent assignment, patent enforcement, patent law, patent licensing, patent litigation, Patent Ownership, patent rights, Patent Standing, standing, Supreme CourtDennis Crouch

by Dennis Crouch

The newest patent-focused petition for writ of certiorari to the Supreme Court was recently filed by Zebra Technologies, challenging the Federal Circuit's determination that the a patentee had standing to sue for infringement even though a third party separately held rights to assign, license, and enforce patent rights.

The case offers an increasingly common situation in patent litigation finance where the litigation funder is seeking legal assurances and collateral rights, but where those rights potentially risk stripping the patent owner from the exclusionary rights necessary to establish standing.

To continue reading, become a Patently-O member. Already a member? Simply log in to access the full post.

Post-Default Creditor’s Right to Assign, License and Enforce Patent does not Disturb Patentee’s Separate Right to Sue Infringers

May 1, 2024Patenten banc, exclusionary rights, Oil States, paid, patent assignment, patent law, patent licensing, standingDennis Crouch

by Dennis Crouch

The Federal Circuit's new decision in Intellectual Tech LLC v. Zebra Techs. Corp., No. 2022-2207 (Fed. Cir. May 1, 2024) offers some interesting insight into leveraged patent transactions, and the effect of a lender's ability to license or assign a patent on the patent owner's standing to sue for infringement, especially after default.

To continue reading, become a Patently-O member. Already a member? Simply log in to access the full post.