stc.unm v. Intel Corporation

NEWMAN, Circuit Judge,

with whom LOURIE, O’MALLEY, and WALLACH, Circuit Judges, join, dissenting from the denial of the petition for rehearing en banc.

The University of New Mexico (through its licensing arm STC.UNM) and the San-dia Corporation are joint owners of the patents in suit, which STC seeks to enforce against Intel Corporation. A split panel of this court held that such an infringement suit cannot proceed, because Sandia has not joined in the suit, and cannot be involuntarily joined despite Federal Rule 19 and its provisions for involuntary joinder of a necessary party. The Rule…