Reconsideration granted; Magistrate recommends finding of standing.
McKesson Automation, Inc. v. Swisslog Holding AG, et al., C.A. No. 06-28-SLR-LPS, August 29, 2008.
Stark, M.J. Following submission of additional documentation, the Court grants plaintiff’s motion to reconsider its earlier recommendation of dismissal for lack of standing. Motions by both sides to amend pleadings are granted. Defendants’ motion to dismiss willfulness claim in light of Seagate is denied.
Plaintiff’s motion for reconsideration of the Magistrate’s recommendation to dismiss for lack of standing is granted earlier recommendation was based on the court’s finding that plaintiff had failed to meet its burden to establish that it owned 100% of the patents-in-suit in light of the record available at that time. The dismissal was recommended given the failure of proof on whether certain notes had been repaid which raised a substantial issue as to whether plaintiff owned all rights in the patents-in-suit. Plaintiff supplemented the record with additional information previously withheld. None of the newly-submitted information was newly-discovered. The Court finds that the newly-submitted documents demonstrate that the notes at issue were in fact repaid and plaintiff owns all rights to the patents-in-suit. The Court also grants defendants’ motion for leave to amend their answers and counterclaims to add allegations of antitrust violations, unenforceability and standing. Finally, the Court finds that plaintiff has met the standard announced in Seagate and adequately pled willful infringement.
