· 2/12/2001
Mentor H/s, Inc. v. Medical Device Alliance, Inc., Lysonix, Inc. And Misonix, Inc., Defendants-Appellees/cross-Appellants
Citations
- 240 F.3d 1016
- 57 U.S.P.Q. 2d (BNA) 1819
- 2001 U.S. App. LEXIS 2044
- 2001 WL 117500
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 party which lacks “all substantial rights” in a patent cannot sue for its infringement
- holding that a patentee that super-vised the licensee’s product development retained a significant ownership right
- recognizing that defects in standing ordinarily require dismissal, but Rule 21 permits courts to drop or add parties at any stage of the litigation and on such terms as are just
- \Only a 'patentee' can bring an action for patent infringement... 'patentee' is defined as including...successors in title to the patentee.\
- \Sonique [the legal owner of the patent] has the first obligation to sue parties for infringement; failure to take appropriate action against infringers would constitute a breach of the agreement. Mentor only can sue for infringement in the event Sonique fails to do so.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Mayer, Lourie, Schall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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