Lone Star Silicon Innovations LLC v. Nanya Technology Corporation

INTRODUCTION

18 In this patent infringement action, defendants move to dismiss under Rule 12(b)(6) for 19 lack of standing and excessive amendment. For the following reasons, the motion to dismiss 20 is DENIED.

STATEMENT

22 The facts alleged in Lone Star’s first amended complaint are the same as those the court 23 of appeals relied on in Lone Star Silicon Innovations LLC v. Nanya Tech. Corp., 925 F.3d 1225 24 (Fed. Cir. 2019). In 2016, Advanced Micro Devices, Inc. (“AMD”), a multinational 25 semiconductor company based in Santa Clara “transferred” patents to plaintiff Lone Star 26 Silicon Innovations LLC (“Lone Star”), a nonpracticing entity with its principal place of 27 business in Texas. The “patent transfer agreement” gave certain rights in United States Patent Nos. 6,097,061 (“the ‘061 patent”) and 6,388,330 (“the ‘330 patent”) to Lone Star, namely, “all right, title and interest in, to and under the Assigned Patents . . . including any and all inventions and discoveries claimed therein, any and all legal rights entitled by the original owner of the Assigned Patents and all rights of AMD to sue for past, present and future infringement of any…