Really Tough Way to Lose a Lawsuit

Submitted by patentadmin on Fri, 07/22/2016 - 00:00

In 2014, Christ Tavantzis and ChrisTrikes Custom Motorcycles, filed a complaint against a number of individuals and entities alleging infringed of his patent for a wheelchair-accessible motorcycle. After the complaint was filed, the U.S. District Court hearing the case received notice of Mr. Tavantzis' death. When no party moved to substitute the proper party to continue Mr. Tavantzis' claims, the court dismissed Mr. Tavantzis from the lawsuit, leaving his business, ChrisTrikes Custom Motorcycles, as the only remaining plaintiff.

The court then dismissed ChrisTikes Custom Motorcycles as a plaintiff as well on the grounds that "the patent in dispute names only Mr. Tavantzis as the patentee. Further, ChrisTrikes does not contend that it is an exclusive licensee of the patent or that Mr. Tavantzis has transferred any interest in the patent to ChrisTrikes. Indeed, ChrisTrikes concedes that Mr. Tavantzis is the owner of ‘all rights, title, and interest’ in the patent, including the right to sue for its infringement."

No plaintiff. No lawsuit.

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