Legal Opinion
Realvirt, LLC v. Lee
District Court, E.D. Virginia
Decided October 27, 2016No. Case No. 1:15-cv-963PublishedCited by 2 opinions
1Opinion of the Court
*697MEMORANDUM OPINION
T.S. Ellis, III, United States District Judge .
Plaintiff Realvirt, LLC filed this 35 U.S.C. § 145 action to challenge a United States Patent and Trademark Office (“PTO”) decision rejecting the patentability of the invention claimed in U.S. Patent Application Serial No. 07/773, 161 (the “ 161 Application”). By Order and Memorandum Opinion dated July 19, 2016, plaintiffs complaint was dismissed for lack of subject matter jurisdiction on the ground that plaintiff was not the owner or assign-ee of the 161 Application and hence lacked standing to pursue a § 145 action. See…
2Cases cited16 opinions
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
- Hardt v. Reliance Standard Life Insurance Co.Supreme Court of the United States · 2010
- Baker Botts L.L.P. v. ASARCO LLCSupreme Court of the United States · 2015
- West v. KeveCourt of Appeals for the Third Circuit · 1983
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3Cited by2 opinions
- Nantkwest, Inc. v. IancuCourt of Appeals for the Federal Circuit · 2018
- Realvirt, LLC v. LeeDistrict Court, E.D. Virginia · 2016