Abbott Laboratories v. Diamedix Corporation, Proposed Intervenor-Appellant v. Ortho Diagnostic Systems, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a licensee had an exclusive license when the license was granted subject to eight non-exclusive licenses and the assignee’s right to make, use, and sell products that exploited the patents
• nothing that \[t]he purpose of Rule 19... is thus served by joinder\ to \permit [the patentee's] dispute with [the defendant] to be adjudicated along with [the licensee's]\
• finding that even limited rights retained by the patentee made it a necessary party in any subsequent infringement suit
• noting that the licensee “does not enjoy the right to indulge infringements, which normally accompanies a complete conveyance of the right to sue”
• finding no transfer of all substantial rights where the patent owner retained, among other rights, a secondary right to sue
• considering the licensor’s right to participate in any suit with its own counsel

Source: CourtListener parenthetical corpus (CC0).