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   Author  Topic: representation on patent complaint  (Read 1610 times)
Ed Meers
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representation on patent complaint
« on: Jan 8th, 2005, 11:51am »
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I recall somewhere that in order to file a patent infringement complaint you either had to be an attorney or had to be the whole owner (assignee) of the patent to file pro se.
 
I cannot seem to find any statute stating this explicitly and was wondering if anyone knew of such a statute's location.
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JSonnabend
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Re: representation on patent complaint
« Reply #1 on: Jan 10th, 2005, 8:34am »
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Regardless of whether you file pro se or through an attorney, a plaintiff in a patent infringement action must have sufficient interest in the patent to bring suit (i.e., the plaintiff must have standing).  A named inventor of a patent who has not assigned or exclusively licensed his rights in the patent should have sufficient standing to bring suit absent some unusual circumstances.
 
In many jurisdictions, a company cannot act pro-se.
 
- Jeff
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SonnabendLaw
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helensu
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Re: representation on patent complaint
« Reply #2 on: Mar 6th, 2005, 10:59am »
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Dear Jeff,  
 
As you mentioned, "In many jurisdictions, a company cannot act pro-se."
 
But FRCP provided that a party can be unreprensented. Does this only apply to natural person not a corporation?
 
Anyway, how about the law in California? Can a corporation in a patent litigation, either as P (in DJ) or D (infringemet suit) act pro-se by its in-house counsel?
 
Lastly, in ITC proceeding, can a corporation (respondent) act through it in-house counsel instead of outside one (law firm?) Huh
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davidlaw69
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Re: representation on patent complaint
« Reply #3 on: Mar 8th, 2005, 8:04pm »
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As a general rule, only individuals can appear pro se.  Entities must be represented by counsel.  In patent cases, it is particularly important to have counsel.
 
In house counsel can certainly act as counsel assuming that such in-house counsel has been admitted to the federal court (which usually requires membership in the bar of the relevant state).
 
The plaintiff must be either the patentee or one to whom the patent has been assigned, or can somehow otherwise claim an equitable interest.
 
David L. Finger www.delawgroup.com
« Last Edit: Mar 8th, 2005, 8:05pm by davidlaw69 » IP Logged
JSonnabend
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Re: representation on patent complaint
« Reply #4 on: Mar 10th, 2005, 6:41am »
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on Mar 8th, 2005, 8:04pm, davidlaw69 wrote:
The plaintiff must be either the patentee or . . . [someone who] can somehow otherwise claim an equitable interest.

Well, someone who can show sufficient interest for standing purposes.  The interest need not lie in equity, I believe.
« Last Edit: Mar 10th, 2005, 6:42am by JSonnabend » IP Logged

SonnabendLaw
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