STC.UNM v. INTEL CORP.

No. 2013-1241.

754 F.3d 940 (2014)

STC.UNM, Plaintiff-Appellant, v. INTEL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 6, 2014.


Attorney(s) appearing for the Case

George C. Summerfield , Stadheim & Grear Ltd., of Chicago, IL, argued for plaintiff-appellant. With him on the brief were Rolf O. Stadheim and Steven R. Pedersen.

Robert A. Van Nest , Keker & Van Nest LLP, of San Francisco, CA, argued for defendant-appellee. With him on the brief were Steven A. Hirsch and Brian L. Ferrall. Of counsel on the brief were Chad S. Campbell and Dan L. Bagatell , Perkins Coie LLP, of Phoenix, AZ.

Dissenting opinion filed by Circuit Judge Newman.


RADER, Circuit Judge.

The United States District Court for the District of New Mexico dismissed STC.UNM's (STC) suit against Intel Corp. for infringement of U.S. Patent No. 6,042,998 ('998 patent) for lack of standing. The district court held that STC could not maintain its suit because non-party Sandia Corp. is a co-owner of the patent, had not voluntarily joined as a co-plaintiff, and could not be involuntarily joined. Because, "as a matter of substantive patent...

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