Standing did not exist to support claim to clarify patent ownership
Silicon Economics, Inc. v. Financial Accounting Foundation, et al., Civil Action 11-163-Baylson, J., August 17, 2011.
Baylson, J. (designated) Motion to dismiss granted in part and denied in part. Plaintiff is given leave to file an amended complaint.
This is an antitrust and state law unfair competition case in which plaintiff Silicon Economics, Inc. seeks to clarify its ownership of a patent directed to accounting practices against defendants Financial Accounting Foundation and Financial Accounting Standards. Defendants moved to dismiss for lack of standing, asserting, inter alia, that “any alleged harm is only theoretical because [defendants] have not made any use of the Invention and [plaintiff] failed to sufficiently allege any harm.” Plaintiff’s allegations that defendants’ actions created uncertainty as to patent ownership were found insufficient to support Article III standing. Dismissal granted without prejudice to plaintiff’s right to file an amended complaint to cure the deficiencies.
