Acceleration Bay LLC v. Activision Blizzard, Inc., et al., C.A. No. 15-228-RGA; 15-282-RGA; 15-311-RGA, June 3, 2016.
Andrews, J. Defendants’ motion to dismiss for lack of standing will be granted unless Boeing joins this action within 14 days.
Plaintiff acquired the patents-in-suit by way of a purchase agreement, and then granted certain rights back to the seller Boeing. Boeing retained the right to sue within its field of use as well as the right to practice the methods described in the patents. The grant to plaintiff was furthermore subject to prior licenses. The court concludes that Boeing did not transfer all substantial rights to plaintiff. Plaintiff therefore lacks prudential standing to bring this lawsuit, although this defect would be cured if Boeing were joined. The court affords plaintiff the opportunity to cure this deficiency.