Patent Damages

CDCA grants SJ of no pre-assignment damages based on silent assignment.

On May 1, 2013, the Central District of California in Nano-Second Tech. Co. v. Dynaflex Int’l granted summary judgment on the issue of pre-assignment damages.  The plaintiff had purchased the patent in September 2010, but the assignment was silent on whether, as part of the purchase and assignment, the prior owner transferred the right to collect past damages.  The Court cited the Federal Circuit’s Arachnid case and the Supreme Court’s Moore v Marsh for the proposition that an assignment must expressly grant the assignee the right to collect damages for past infringement.