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Court Dismisses Patent Infringement Case Against SkyHawke for Lack of Standing

Friday, July 31, 2009

Alexandria, VA – The United States District Court for the Northern District of Texas in Dallas, has dismissed for lack of subject matter jurisdiction a patent infringement suit filed in 2007 against SkyHawke Technologies, LLC by plaintiffs GPS Industries, Inc. and Optimal I.P. Holdings, L.P. The patent at issue, U.S. Patent No. 5,364,093 ("the ‘093 patent"), involved golf GPS devices. SkyHawke was one of eight defendants in this matter; this decision dismisses the patent infringement suit against all defendants.

In its July 27, 2009 decision, the Court agreed with SkyHawke’s assertion that plaintiff GPS Industries was not the patent title owner and that owning a subsidiary which owns a patent does not in and of itself confer ownership of the patent. Without a written assignment of the patent from its wholly owned subsidiary, the District Court held that GPS Industries was not the patent owner and therefore did not have standing to bring an infringement suit.

Arthur I. Neustadt, Thomas J. Fisher and Jordan S. Weinstein, partners with Oblon, Spivak, McClelland, Maier & Neustadt, P.C., served as counsel for SkyHawke.

Assisting clients for 40 years, Oblon, Spivak, McClelland, Maier & Neustadt, P.C. is one of the largest intellectual property specialty firms in the United States. The firm provides a full range of intellectual property services, including litigation matters in all courts, as well as trademark, copyright and patent interference services.

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