Plaintiff Has Standing To Sue For Infringement Of Deduplication Patents

EMC Corporation, et al. v. Pure Storage, Inc., C.A. No. 13-1985 – RGA, February 29, 2016

Andrews, J. Court finds plaintiff has standing to sue

The disputed technology relates to deduplications.  Defendant claims plaintiff has insufficient rights to sue for patent infringement. In a license agreement with plaintiff, the licensor retained the right to “control and direct” infringement litigation on behalf of plaintiff.  The court finds that plaintiff has the non-illusory right to make, use, or sell products practicing the patents-in-suit and that a third party did not obtain all substantial rights to the patents.  Accordingly, plaintiff has standing to sue for infringement.