Fed. Circ. Orders Redo In 'Extremely Frustrating' Patent Case

Law360 (October 7, 2020, 7:10 PM EDT) -- The Federal Circuit said Wednesday that it couldn't decide a claim construction fight until the co-owners of an antenna patent work out whether the suit was permitted in the first place, labeling the ordeal as "extremely frustrating."

The three-judge panel said AntennaSys Inc.'s infringement suit might not be able to move forward if the patent's co-owner — which happens to be both a defendant in this case and the parent company of another defendant — doesn't join as a plaintiff, and if the patent was properly licensed by that co-owner. Those fundamental questions need to be resolved before deciding if the New Hampshire district court flubbed claim...

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