Freed Designs, Inc., claimed that Sig Sauer infringed a patent that relates to extended handgrips for pistols. As part of forming the defense to this allegation, McDermott’s lawyers uncovered evidence that Freed Designs did not own or have a proper license to the patent that it was asserting at the time that it filed its lawsuit. Recognizing that this was fatal to Freed Designs’ case, the McDermott team prepared and filed a motion to dismiss the litigation. McDermott argued that because Freed Designs was not the owner or proper licensee of the patent, it lacked standing as the plaintiff and the court lacked subject matter jurisdiction over the case.
Following oral argument on November 24, 2014, the court granted McDermott’s motion and dismissed the litigation. Although Freed Designs purported to have an “implied license” to the patent, the court adopted McDermott’s argument that such a license was insufficient as a matter of law to confer standing.
The case was Freed Designs, Inc. v. Sig Sauer, Inc. (case no. 2:13-cv-09570) and the McDermott team included Brian Gaff, Peter Siavelis, Eric Hagen, Rita Yoon, Greg Yoder, Vanessa LeFort, and Alyse Mauro.
With more than 175 lawyers and patent agents around the world, McDermott’s Intellectual Property practice is renowned for its broad trial, appellate, prosecution and transaction experience. Members of the practice hold degrees in a wide variety of technical fields and are uniquely capable of handling intellectual property matters in virtually every technical or scientific discipline. For example, more than 140 members of McDermott’s intellectual property team hold technical and/or scientific degrees and more than 115 are registered to practice before the U.S. Patent and Trademark Office (USPTO). McDermott’s Intellectual Property practice includes numerous lawyers with valuable industry experience as well as former USPTO examiners and petition specialists.
About McDermott Will & Emery
McDermott Will & Emery is a premier international law firm with a diversified business practice. Numbering more than 1,000 lawyers, we have offices in Boston, Brussels, Chicago, Dallas, Düsseldorf, Frankfurt, Houston, London, Los Angeles, Miami, Milan, Munich, New York, Orange County, Paris, Rome, Seoul, Silicon Valley and Washington, D.C. Further extending our reach into Asia, we have a strategic alliance with MWE China Law Offices in Shanghai.