Case is dismissed for lack of standing

Posted on June 24, 2008 by MorrisJames Delaware

McKesson Automation, Inc. v. Swisslogic Holding AG, et al., C.A. No. 06-28-(SLR-LPS), May 30, 2008.

Stark, M.J.  Magistrate recommends that defendants’ motion to dismiss be granted due to plaintiff’s lack of standing to sue.


Defendants contend plaintiff has not shown it owns 100% of the rights of the patents-in-suit due to uncertainties surrounding notes securing a loan transaction.  The Court is not persuaded on the basis of evidence before it that the loan has been paid and dismisses the action without prejudice.

A full copy of the opinion is available here.
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