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Additionally, GUCLT was not given the right to grant licenses or sublicenses under the patent or collect any licensing royalties. CONCLUSIONSince GUCLT lacked standing to sue Microsoft for infringement of the ′647 patent, the district court lacked jurisdiction. No serious argument could contend that GUCLT does not satisfy the second two factors; thus-as the majority ostensibly recognizes-the key question regarding constitutional standing is whether or not GUCLT suffers an injury in fact from Microsoft's infringement. Exclusive licensees have the right to enforce a patent because that is the only way to give meaning to their exclusivity. Otherwise, AHLT has no oversight powers with respect to the suits of GUCLT, cannot unreasonably withhold its consent to settle, and is required to “fully and promptly cooperate, assist, and join in all such actions and execute any necessary papers for such actions.” There is no indication, however, that GUCLT holds the right to make, use, or sell the invention of the ′647 patent, much less the exclusive right to do any of these things with the patented technology. It cannot cure constitutional standing deficiencies. Since GUCLT fails to meet constitutional standing requirements, it cannot be a party to this suit for patent infringement.

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Profits or damages for infringement cannot be sued for except on the basis of title as patentee, or as such assignee or grantee to the whole or part of the patent, and not on the basis merely of the assignment of a right to a claim for damages severed from such title. In this case, bankruptcy proceedings led to a liquidation plan agreement negotiated at arms-length between classes of interested parties. AHLT also holds the exclusive right to make, use, and sell the patented technology-though it is contractually prohibited from exercising that right itself under the liquidation plan. The majority holds that, in a bankruptcy proceeding, separating the title to a patent from the right to sue for infringement extinguishes all standing to enforce the patent. Specifically, a putative plaintiff must demonstrate (1) an injury in fact (invasion of a legal interest that is concrete and particularized, and actual or imminent injury); (2) a causal connection between the defendant's action and the injury; and (3) that it is likely a favorable decision would redress the injury.

The claim to recover profits or damages for this infringement cannot be severed from the title by an assignment or grant so as to give the right of action for such claim in disregard of the statute. Thus, the patent statutes have long been recognized as the law that governs who has the right to bring suit for patent infringement, even when patent rights have been transferred as a result of bankruptcy or proceedings in equity. AHLT holds all rights to license the ′647 patent to third parties and collect royalties from those licenses, royalties not shared with GUCLT and BHLT. REVERSED AND VACATEDCOSTSEach party shall bear its own costs for this appeal and cross-appeal.

Morrow and Spacone were appointed as former and current trustees (respectively) for GUCLT. GUCLT and AHLT certainly gained rights to the ′647 patent through the bankruptcy proceeding, but this suit against Microsoft was filed pursuant to and is governed by the patent laws.

This liquidation plan was prepared for the purpose of liquidating AHC's assets in a manner amenable to the various creditors, and was confirmed by the United States Bankruptcy Court for the Northern District of California. Under the liquidation plan, three trusts were created-the General Unsecured Creditors' Liquidating Trust (GUCLT), the At Home Liquidating Trust (AHLT), and the Bondholders Liquidating Trust (BHLT). The district court ruled that Spacone had standing to bring this infringement suit based on the special circumstances surrounding the trust relationship between GUCLT and AHC created through the bankruptcy proceedings. The question as to how bankruptcy or trust law relationships affect the standing analysis in a patent infringement case is a question of first impression in this court.

Cir.2005) (stating the party bringing suit bears the burden of establishing that it has standing). AHC owned the patent before the effective date of the liquidation plan in September 2002. To demonstrate entitlement to join as a co-plaintiff GUCLT must have the right to exclude others from making, using, or selling the invention in the United States. Regardless, whatever interests in the ′647 patent may flow to GUCLT in the future are insufficient to convert its equitable future interests in the patent into full legal exclusionary interests as of the time this suit was initiated. We stated that equitable title to the patent is insufficient to confer standing to sue for legal relief from infringement. at 1579-80 (noting that the owner of equitable title may seek redress in a court of equity such as rescission of title transfer but cannot bring an action at law for infringement damages). First, GUCLT holds an equitable interest in the title to the patent as beneficiary to the AHLT. That appeal involves the issue of whether GUCLT has an independent right to license the intellectual property assets formerly held by AHC.

Rights Transferred from AHC to GUCLT and AHLTTo determine whether GUCLT has standing, we must first understand its rights to the patent at the time this suit was initiated. Unlike Evident, AHLT's participation as a third party defendant does not affect GUCLT's standing to bring this suit. Indeed, there is no indication as to what, if any, assets will flow to GUCLT after AHLT completes its work. This court rejected this equitable interest-based standing argument. I would hold that GUCLT does suffer an injury in fact. Exclusive licensees have standing to sue in the patent owner's name in part because the patent owner holds title to the patent in trust for the exclusive licensee, as the majority admits. On August 19, 2005, GUCLT appealed this order to the Ninth Circuit.

Williamson, O' Melveny & Myers LLP, of Newport Beach, CA, for counterclaim defendant-appellant. Spacone accused Microsoft's software applications that contain “Smart Tag Functionality,” including those found in Microsoft Office XP® and Microsoft Office 2003®, of infringing several claims of the ′647 patent. The district court reversed the bankruptcy court, holding GUCLT did not have the right to grant licenses to settle Estate Litigation or receive licensing revenues.

The ′647 patent, entitled “Dynamic Generation of Contextual Links in Hypertext Documents,” relates to dynamic generation of hyperlinks in a source document to other documents that are topically relevant to the content of the source document or user-selected portion of that document. The bankruptcy court ruled in GUCLT's favor and BHLT appealed this ruling to the district court. We have jurisdiction over this appeal pursuant to 28 U.

The court noted that mere appointment of a receiver to manage and control a patent does not vest legal title enabling him to sue for infringement in his own name. Two additional trusts represent the unsecured creditors to AHC: the Bond Holders' Liquidating Trust of At Home Corporation (“BHLT”) and the GUCLT. Indeed, AHLT requires their consent to sell or otherwise dispose of the patent. TCI Cablevision of Cal., Inc., 248 F.3d 1333, 1347-48 (Fed. While the majority effectively treats the second category as occupied solely by exclusive licensees, that category may properly include other types of plaintiffs.

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