Digest of Alps South, LLC V. The Ohio Willow Wood Co.., Nos. 2013-1452, -1488, 2014-1147, -1426 (Fed. Cir. June 5, 2015) (precedential). On appeal from M.D. Fla. Before Lourie, Moore, and Chen.

Procedural Posture: Appellant-defendant appealed from denial of motion to dismiss for lack of standing, denial of motion for judgment as a matter of law of invalidity and no willful infringement, and the decisions relating to enhanced damages, permanent injunction, attorneys’ fees, and contempt. Appellee cross-appealed the decision declining to enhance damages and the decision relating to appellant’s absolute intervening rights. CAFC reversed the denial of motion to dismiss for lack of standing, vacated the judgment and remanded.

  • Standing: The district court erred in denying appellant’s motion to dismiss for lack of standing because appellee’s license to the patent-in-suit was restricted to a particular field of use. As appellee did not have all substantial rights required to sue at the time it filed the complaint, it was required to join the patentee as a co-plaintiff; because it did not, the Federal Circuit held that appellee lacked standing. A nunc pro tunc amended agreement between appellee and the patentee executed after initiation of the suit was insufficient to confer retroactive standing.