Intellectual Property News and Reports

Appellant Diamond Coating Technologies, LLC (“Diamond”) sued Appellees Hyundai Motor America, Hyundai Motor Company, Kia Motors America, Inc., Kia Motors Company, Nissan North America, Inc., and Nissan Motor Co. Ltd. (collectively, “Appellees”) in the United States District Court for the Central District of California (“District Court”) alleging infringement of U.S. Patent Nos. 6,066,399 and 6,354,008 (together, the “patents-insuit”). The District Court dismissed the actions because it found that agreements between Diamond and Sanyo Electric Co., Ltd. (“Sanyo”), the original assignee of the patents-in-suit, did not confer patentee status on Diamond, allowing Diamond to sue Appellees without joining Sanyo. Diamond Coating Techs., LLC v. Hyundai Motor Am., Nos. 8:13-cv-01480-MRP, 8:13-cv-01481-MRP(DFM), 2015 WL 2088892, at *6 (C.D. Cal. Apr. 1, 2015).

The District Court subsequently held that nunc pro tunc agreements executed by Diamond and Sanyo after its decision in Diamond did not affect its determination. J.A. 12 (order denying reconsideration).

Diamond appeals the District Court’s dismissals. We have jurisdiction pursuant to 28 U.S.C. § 1295(a)(1) (2012). For the reasons provided below, we affirm.

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