Tormasi v. Western Digital Corp., No. 20-1265 (Fed. Cir. Aug. 20, 2020)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Appellant Walter A. Tormasi (“Tormasi”) sued Appel- lee Western Digital Corporation (“WDC”) in the U.S. Dis- trict Court for the Northern District of California (“District Court”), alleging infringement of claims 41 and 61–63 (“the Challenged Claims”) of U.S. Patent No. 7,324,301 (“the ’301 patent”). A.A. 13–25 (Complaint).1 The District Court is- sued an order concluding that Mr. Tormasi lacked capacity to sue under Federal Rule of Civil Procedure (“ FRCP”) 17(b), but did not “reach the standing issue.” See Tormasi v. W. Digital Corp. , No.