Biagro Western Sales, Inc. v. Helena Chemical Co.

MEMORANDUM DECISION AND ORDER RE: DEFENDANT’S MOTION TO DISMISS FOR LACK OF STANDING AND FAILURE TO JOIN AN INDISPENSABLE PARTY

I. INTRODUCTION

Before the Court are motions pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(6), 12(b)(7), and 19, brought by Defendant, HELENA CHEMICAL COMPANY, to dismiss Plaintiffs complaint for lack of standing and failure to join an indispensable party. Plaintiff, BIAGRO WESTERN SALES, INC., opposes Defendant’s motion. See Doe. 41. Oral argument was held April 30, 2001.

II. BACKGROUND

On January 3, 2001, Plaintiff filed a complaint against Defendant for patent infringement of U.S.Patent No. 6,113,665 (“the ’665 Patent”). The patent was issued September 5, 2000 to the Regents of the University of California (“the Regents”) as the assignee of the inventor, Carol J. Lo-vatt. Plaintiff is the asserted “Exclusive Licensee” of the ’665 patent under an agreement with the Regents signed August 31,1993.

Defendant asserts that Plaintiff lacks standing to bring an infringement action in its own name and has failed to join the Regents, the original patent holder, an asserted indispensable party to Plaintiffs infringement action. Both parties’…