In December 2010 Magistrate Judge Bowler issued a decision denying a motion to dismiss on lack of standing. Considering the significant facts favoring the movant, this blog wondered whether this might be a rare case where the Magistrate is reversed. And so it came to pass.
Here the plaintiff ATI asserted it has rights to the asserted patents based on an arbitration decision so stating. However the arbitration decision also stated that ATI was a co-owner. In reversing Magistrate Judge Bowler, Judge Gorton holds that ATI lacks standing to assert the patents without joining the co-owners. The case was dismissed without prejudice.
Acoustic Technologies, Inc. v. Itron, Inc., 10-10500-NMG (D. Mass. Mar. 18, 2011)