1. “Whether a plaintiff holding a recorded patent assignment, who reasonably believed it owned the asserted patents at the time the complaint was filed, lacks Article III constitutional standing or instead lacks only a statutory cause of action under 35 U.S.C. § 281, where the assignment is later found to be defective due to mistake.”
2. “Whether the equitable remedies of contract reformation and Rule 17(a)(3) ratification are categorically unavailable to cure defects in title existing when the complaint was filed, notwithstanding this Court’s precedential holding in Schwendimann v. Arkwright Advanced Coating, Inc., 959 F.3d 1065 (Fed. Cir. 2020), and the acknowledged division among district courts applying this Court’s precedent.”
