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PROPAT INTERN. CORP. v. RPOST, INC.

Nos. 2006-1222, 2006-1223, 2006-1270.

473 F.3d 1187 (2007)

PROPAT INTERNATIONAL CORP., Plaintiff/Counterclaim Defendant-Appellant, and David Fink and Helene Glasser, Counterclaim Defendants, v. RPOST, INC. and RPost US, Inc., Defendant/Counterclaimant-Cross Appellant, and RPost International Limited, Zafar Khan, Kenneth Barton and Terrance Tomkow, Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

January 4, 2007.

Attorney(s) appearing for the Case

Timothy W. Johnson, Law Office of Timothy W. Johnson, of Houston, TX, argued for plaintiff/counterclaim defendant-appellant.

Henry Ben-Zvi, Ben-Zvi & Associates, of Santa Monica, California, argued for defendant/counterclaimant-cross appellant and defendants-cross appellants.

Before NEWMAN, MAYER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

This "patent standing" case calls on us to decide once again whether a party has a sufficient ownership interest in a patent to be entitled to sue for infringement. The plaintiff, Propat International Corporation, sued RPost, Inc.; RPost US, Inc.; RPost International Limited; and three individuals (collectively, "RPost") in the United States District Court for the Central District of California. Propat charged RPost with infringing U.S. Patent...

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