· 6/25/1934
Battle v. Price
Citations
- 72 F.2d 377
- 63 App. D.C. 326
- 1934 U.S. App. LEXIS 4565
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 lacked standing where there was no written transfer of rights under the patent at the time the infringement claims were brought
- holding that retroactive assignments “are not sufficient to confer 22 retroactive standing”
- noting that no written license agreement existed at the time suit was filed
- holding that a licensee lacked standing where there was no written transfer of rights under the patent at the time the infringement claims were brought and stating that, “[a]s a general matter, parties should possess rights before seeking to have them vindicated in court”
- vacating judgment of infringement and holding that “nunc pro tunc assignments are not sufficient to confer retroactive standing” where no written transfer of rights under patent had been made at the time claims were brought
- “[A]n assignee is the patentee and has standing to bring suit for infringement in its own name.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hitz
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