· 5/7/2001
Intellectual Property Development, Inc. v. Tci Cablevision of California, Inc.
Citations
- 248 F.3d 1333
- 58 U.S.P.Q. 2d (BNA) 1681
- 2001 U.S. App. LEXIS 8498
- 2001 WL 474297
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a transferee that possessed the exclusive right to file suit still did not possess all substantial rights
- explaining that a “party such as IPD that has the right to exclude others from making, using, and selling an invention described in the claims of a patent is constitutionally injured by another entity that makes, uses, or sells the invention”
- referring to a patent as a ‘bundle of rights’ which may be divided and assigned, or retained in whole or in part
- “[A]n exclusive licensee having fewer than all substantial patent rights ... that seeks to enforce its rights in a patent generally must sue jointly with the patent owner.”
- “A grant of all substantial rights in a patent amounts to an assignment—that is, a transfer of title in the patent—which confers constitutional standing on the assignee to sue another for patent infringement in its own name.”
- “[A] nonexclusive license or ‘bare’ license ... confers no constitutional standing on the licensee under the Patent Act to bring suit or even to join a suit with the patentee because a nonexclusive (or ‘bare’) licensee suffers no legal injury from infringement.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lourie, Schall, Gajarsa
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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