Thursday, September 20, 2007
Bankruptcy Trustees and Standing
The Federal Circuit issued an opinion yesterday in a case of first impression involving the standing of bankruptcy trustees to bring suits for patent infringement, Morrow v. Microsoft Corp., 2007 WL 2713248 (Fed. Cir. Sept. 19, 2007). The court held there was no such standing and that the question of standing is governed by the Patent Act and constitutional standing requirements, rather than provisions of the bankruptcy law. The opinion, which seemingly is applicable to copyright infringement, is significant due to its insistence that the party suing actually possess one of the exclusive statutory rights and not merely be a trustee appointed to administer assets that include such rights.
Posted by William Patry at 12:20 PM