Eolas Technologies, the exclusive licensee of a patent owned by the Regents of the University of California, can continue its infringement suit against Microsoft Corp. without the presence of the patent’s owner, the U.S. District Court for the Northern District of Illinois held Jan. 6 (Eolas Technologies v. Microsoft Corp., N.D. Ill., No. 99 C 0626, 1/6/00).
Eolas sued Microsoft for infringement of U.S. Patent No. 5,838,906, which is owned by the Regents. Microsoft, arguing that Eolas did not have standing to bring the suit, moved to compel joinder under Fed. R. Civ. P. 19(a). The court, through Judge James B. Zagel, found on the record that the Regents were not an indispensable party and denied the motion.
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