Tuesday, August 25, 2009

When universities retain non-commercial/educational use of IP, licensors may lack standing to sue infringers

This is huge. In Resonant Sensors Inc. v. SRU Biosystems Inc., 3-08-cv-01978, Judge Lynn yesterday ruled that the plaintiff lacked standing to sue, saying

"Plaintiffs acknowledge that the [patent owner] retains rights to the non-commercial, educational use of the patents. . . . [T]hese retained rights of use actually demonstrate an absence of complete exclusivity, which in this Court’s view is key to the issue of whether there was a conveyance of all substantial rights."


Originally reported by the DocketReport blog.

Would the same logic apply to the reservation of humanitarian rights? How does this affect the value of university IP?

2 comments:

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