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WiAV Solutions, Inc. v. Motorola, Inc., 10-1266

By FindLaw Staff on December 22, 2010 | Last updated on March 21, 2019

Issue of standing in patent infringement action

WiAV Solutions, Inc. v. Motorola, Inc., 10-1266, concerned a challenge to the district court's decision that plaintiff lacked constitutional standing to assert the Mindspeed patents against the defendants because several third parties have a limited right to license, in a patent infringement suit related to signal transmission, as well as encoding and decoding of data.


In reversing and remanding, the court held that an exclusive licensee does not lack constitutional standing to assert its rights under the licensed patent merely because its license is subject not only to rights in existence at the time of the license but also to future licenses that may be granted only to parties other than the accused.  The court also held that plaintiff has shown that it has the right under the patents to exclude the defendants from engaging in the alleged infringing activity and therefore is injured by the defendants' conduct.

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