Legal Opinion

National Licensing Ass'n v. Inland Joseph Fruit Co.

District Court, E.D. Washington

Decided April 15, 2004No. CY-03-3079-LRSPublishedCited by 19 opinions

1Opinion of the Court

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

SUKO, District Judge.

This case presents the question of who is permitted by law to be a plaintiff in a patent and trademark infringement action. The specific dispute centers on the sever-ability and assignability of patent and trademark infringement claims.

I. FACTUAL BACKGROUND

Plaintiff Nursery Licensing Association, LLC 1 (“NLA”) is a Washington limited liability company formed on February 26, 2002. Its managers are Patrick Ballew and Rex Stratton, also named counsel for NLA in this case. The defendants…

2Cases cited45 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Allen v. WrightSupreme Court of the United States · 1984
  4. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  5. Flast v. CohenSupreme Court of the United States · 1968

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3Cited by19 opinions

  1. Federal Treasury Enterprise Sojuzplodoimport v. SPI Spirits Ltd.Court of Appeals for the Second Circuit · 2013
  2. Halicki Films, LLC v. Sanderson Sales & MarketingCourt of Appeals for the Ninth Circuit · 2008
  3. Aceto Corp. v. TherapeuticsMD, Inc.District Court, S.D. Florida · 2013
  4. Galen Medical Associates, Inc. v. United StatesUnited States Court of Federal Claims · 2006
  5. Nova Wines, Inc. v. Adler Fels Winery LLCDistrict Court, N.D. California · 2006

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