Intellectual property news affecting business and everyday life
Monday, April 12, 2021
Standing issue in WiNet case
It is well-established that “every federal appellate
court has a special obligation to ‘satisfy itself not only of its
own jurisdiction, but also that of the lower courts in a cause
under review,’ even though the parties are prepared to concede it,” and that the principle applies to the issue of Article
III standing. Bender v. Williamsport Area Sch. Dist., 475
U.S. 534, 541 (1986) (quoting Mitchell v. Maurer, 293 U.S.
237, 244 (1934)); see also FW/PBS, Inc. v. City of Dallas,
493 U.S. 215, 230–31 (1990). “To have standing, a plaintiff
must ‘present an injury that is concrete, particularized,
and actual or imminent; fairly traceable to the defendant’s
challenged behavior; and likely to be redressed by a favorable ruling.’” Dep’t of Commerce v. New York, 139 S. Ct.
2551, 2565 (2019) (quoting Davis v. Fed. Election Comm’n,
554 U.S. 724, 733 (2008)).
Here, the only basis on which WiNet has asserted that
the alleged infringement caused it an injury required for
Article III standing is its asserted ownership of the ’374 patent. We have now been presented with evidence that casts
grave doubt on whether WiNet has any ownership interest
in the patent
I'm a patent lawyer located in central New Jersey. I have a J.D. from the University of Chicago and a Ph.D. from Stanford University, where I studied graphite intercalation compounds at the Center for Materials Research. I worked at Exxon Corporate Research in areas ranging from engine deposits through coal and petroleum to fullerenes. An article that I wrote in The Trademark Reporter, 1994, 84, 379-407 on color trademarks was cited by Supreme Court in Qualitex v. Jacobson, 514 US 159 (1995) and the methodology was adopted
in the Capri case in N.D. Ill. An article that I wrote on DNA profiling was cited by the Colorado Supreme Court (Shreck case) and a Florida appellate court (Brim case). I was interviewed by NHK-TV about the Jan-Hendrik Schon affair. I am developing ipABC, an entity that combines rigorous IP analytics with study of business models, to optimize utilization of intellectual property. I can be reached at C8AsF5 at yahoo.com.
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