Walter A. Tormasi v Western Digital Corporation
The U.S. Court of Appeals for the Federal Circuit affirms the District Court decision that Mr. Tormasi, an inmate in the New Jersey State Prison, lacks capacity to sue.
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Sony Corp. v. Iancu
The patentee has a right to defend its patent against cancellation by the USPTO even after expiration — and up to the six-year timeline for back-damages. Means-plus-function language can be interpreted as being directed to software if an algorithm is described in the specification and hardware is not fully described.
Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems Inc.
A later-signed assignment stating a present assignment of rights may take precedence over an earlier assignment merely agreeing to assign rights in the future; the Bayh-Dole Act does not automatically void an otherwise valid prior contractual transfer of rights by an inventor; generally all co-owners must join as plaintiffs in an infringement suit.
Propat International Corp. vs. RPost, Inc.
“Right to sue” clause in patent license does not necessarily convey sufficient interest to allow licensee to commence a lawsuit. Other limitations may mean that the licensee lacks “all substantial rights in the patent.”
Sicom Systems Ltd. V. Agilent Technologies, Inc.
Plaintiff licensee lacks standing to sue for infringement, even though license agreement grants plaintiff exclusive right to sue for commercial infringement, since licensor retains legal title to patent, and right to sue for infringement other than commercial infringement.