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.

Continue Reading...

Case is dismissed for lack of standing

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.


Continue Reading...

Plaintiffs have no standing to sue

Pfizer prevails in Lipitor battle

Pfizer Inc., et. al. v. Ranbaxy Laboratories, Limited et al., C.A. No. 07-138-JJF, November 29, 2007.

Farnan, J.   Plaintiffs’ motions to dismiss in part declaratory judgment counterclaims and to dismiss and for partial summary judgment on the pleadings are granted.


Continue Reading...

Pleading of false advertising claim results in dismissal

JMOL and new trial were denied in stent case

Institutional holders of patent rights were held not indispensable in suit against exclusive licensee

Court is unpersuaded by champetry argument

LP Matthews, L.L.C. v. Bath & Body Works, Inc. et al., No. 04-1507-SLR, Oct. 19, 2006.

Robinson, J.  Defendants’ motions to dismiss for lack of standing and failure to join a party are denied.  Defendant BBW’s motion for summary judgment based on misassignment of the patent to the Greenspan Company rather than The Greenspan Corporation was denied.

 

Continue Reading...

Court construes claims relating to skin care product

Consulting agreement provided standing to bring suit

Affymetrix, Inc. v. Illumina, Inc., No. 04-901-JJF, Aug. 16, 2006.

Farnan, J.  Defendant’s motion to dismiss count II relating to U.S. Patent No. 5,795,716 because of lack of title to the ‘716 patent and therefore lack of standing was denied.

 

Continue Reading...

Temporary lack of jurisdiction cured when affiliate was substituted for plaintiff

Affinion Loyalty Group, Inc. v. Maritz, Inc., C.A. 04-360-JJF, May 22, 2006.

Farnan, J.  Defendant moved to dismiss for lack of subject matter jurisdiction due to a corporate acquisition which assigned rights to patents-in-suit to Affinion Patents, leaving Affinion Loyalty without standing.  The court substituted Affinion Patents for Affinion Loyalty.

Continue Reading...