Challenging Standing Based on the Apportionment of Patent Rights Can Also Be Tricky Business
- January 3, 2020
Category: Patent Litigation FeatureMarket Sectors: Media Content and Distribution, Mobile Communications and Devices, Networking
District Judge Amos L. Mazzant has denied a motion to dismiss Eastern District of Texas cases brought by Innovation Sciences, LLC against Resideo Technologies and Philadelphia Contributionship Mutual (Vector Security). Those two defendants challenged the plaintiff’s standing to bring the lawsuits as to one of the many patents asserted in the campaign, arguing that a coinventor’s employment agreement at the time of the patent’s application nullified a later assignment of rights to the predecessor of Innovation Sciences. Judge Mazzant’s denial presents a procedural warning for patent infringement defendants.