Stay is entered pending resolution of ownership

Posted on November 12, 2008 by Amy A. Quinlan

McKesson Automation, Inc. v. Swisslog Italia S.P.A., et al., Civ. No. 06-28-SLR/LPS, November 5, 2008.

Robinson, J.  Defendants’ motion to dismiss for lack of standing is stayed.  Other pending motions are denied without prejudice to renew.

The Court declines to adopt the Report and Recommendation whereby the Magistrate had first recommended that defendants’ motion to dismiss be granted based on an assignment, but on reconsideration Magistrate Judge Stark concluded that plaintiff holds 100% interest in the patents-in-suit.  Judge Robinson declines to allow the litigation to go forward without plaintiff’s having resolved the question of ownership either through agreement or in a court with jurisdiction over the non-party investors who are alleged to have an interest in the patents.  If plaintiff has not resolved ownership within six months defendants’ motion to dismiss will be granted.
Tags: , , ,
Trackbacks (0) Links to blogs that reference this article Trackback URL
http://depatentlaw.morrisjames.com/admin/trackback/126837
Comments (0) Read through and enter the discussion with the form at the end
Post A Comment / Question Use this form to add a comment to this entry.







Remember personal info?
Send To A Friend Use this form to send this entry to a friend via email.