VISIONEER, INC. v. KeyScan, Inc.

Good Law

626 F. Supp. 2d 1018·2009 WL 1189319·2009 U.S. Dist. LEXIS 37572

United States District Court, Northern District of CaliforniaMay 4, 2009C 08-03967 MHPCalifornia3,512 words

Opinion

Patel, J.

MEMORANDUM & ORDER

Plaintiff Visioneer, Inc. (“Visioneer”) brought this action against defendant KeyScan, Inc. (“KeyScan”) alleging infringement of U.S. Patent No. 5,499,108 (“the '108 patent”) in violation of 35 U.S.C. sections 271 and 284. Now before the court is KeyScan’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(1) for lack of standing and Visioneer’s motion for leave to amend the complaint. Having fully considered the parties’ arguments, and for the reasons set forth below, the court enters the following memorandum and order.

BACKGROUND

I. Patent Infringement

Visioneer is a California company that develops scanning technologies to capture documents and photographs and integrate them with computer imaging applications. Docket No. 1, Complaint (“Compl.”) ¶¶ 1 & 4. Visioneer asserts it is “the lawful owner” as assignee of the '108 patent, entitled “Document-driven scanning input device communicating with a computer.” Id. ¶¶ 1 & 17.

On August 19, 2008, Visioneer brought this patent infringement action against KeyScan, a New Jersey corporation, alleging that two KeyScan devices infringe the scanning technology covered by the '108 patent. Id. ¶¶ 2 & 5.…

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