Alps South LLC v. The Ohio Willow Wood Company

On June 5, 2015, the Federal Circuit reversed a U.S. District Court’s ruling that denied The Ohio Willow Wood Company’s (“Defendant”) motion to dismiss the underlying case for lack of standing. In the underlying case, Alps South LLC’s (“Plaintiff”) asserted patent, relating to liners for prosthetic limbs, was held to be valid and infringed by Defendant. The Federal Circuit held that the Plaintiff possessed neither legal title nor all substantial rights at the outset of the litigation because the Plaintiff failed to join the patent owner as a co-plaintiff. In view of the decision, the Federal Circuit reversed the U.S. District Court for the Middle District of Florida’s denial of Defendant’s motion to dismiss the case, and thus, reversed an approximately $15 million damages ruling for the Plaintiff. The case remains pending and is captioned 13-1452.

By: Jacqueline A. DiRamio

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