Copytele Inc. v. E Ink Holdings Inc., et al.
Published: Jul. 27, 2013 | Result Date: Jul. 9, 2013 | Filing Date: Jan. 1, 1900 |Case number: 3:13-cv-378 Bench Decision – Dismissal
Court
USDC Northern
Attorneys
Plaintiff
Eric B. Fastiff
(Lieff Cabraser Heimann & Bernstein LLP)
Melissa Ann Gardner
(Lieff, Cabraser, Heimann & Bernstein LLP)
David T. Rudolph
(Lieff Cabraser Heimann & Bernstein LLP)
Defendant
Facts
CopyTele Inc. filed a patent infringement lawsuit against E Ink Holdings and E Ink Corp. E Ink sought dismissal, arguing that CopyTele lacked standing.
Contentions
DEFENDANTS' CONTENTIONS:
Defendants contended that plaintiff's lawsuit was premature because it previously assigned all substantial rights to the patents at issue to a third-party exclusive licensee, that it has not yet secured a judgment in a related case, that the assignment has not been rescinded, and even upon rescission plaintiff will have standing only to sue prospectively and not retroactively.
Result
U.S. District Court Judge Edward M. Chen granted E Ink's motion to dismiss for lack of standing.
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