KLI, Inc. v. Richard Wolf Medical Instruments Corp.

MEMORANDUM AND ORDER

MORAN, District Judge.

Plaintiff in this action alleges patent infringement of four patents, claiming that it is the owner of one of the . patents and exclusive licensee of the others. The complaint names the licensor as an involuntary plaintiff. Defendant now moves to dismiss on the ground that the licensor of the three patents can license others and that, accordingly, the suit on those patents may be maintained only if the patent owner voluntarily joins as a plaintiff.

The license agreement became an exhibit during the pendency of the motion. That license, which covered…