state that it is incorporating the Patent Policy by reference, it clearly and unequivocally refers to it, stating that execution of the agreement does not waive the signer’s “rights to a percentage of royalty payments received by University, as set forth in University Patent Policy, hereinafter called ‘Policy”’ and making several other references to the Policy. The reference is called to the attention of both parties. Finally, the Patent Policy is easily available to the contracting parties given that it is printed on the reverse side of the Patent Agreement. The Court finds that the Patent Policy is thus incorporated by reference into the Patent Agreement. See, Singer v. The Regents of the University of California, No. 950381 (San Francisco Super.Ct. Mar. 1, 1996), slip op. at 8 (<HOLDING>). The Patent Policy is likewise expressly
holding in a patent infringement case that plaintiff lacked standing where it held a conditional right to license a patent and enforce license agreements but did not have the right to transfer the patent holding that whether an accused product infringes a patent requires significant and material consideration of patent law and thus withdrawal of reference was mandatory holding patent policy incorporated by reference into patent agreement holding that the assignor of a patent retained substantial rights in the patent and must be added as an indispensable party holding a nonparty to a patent infringement suit who funded an unsuccessful challenge to a patent could not file a subsequent lawsuit again challenging the patent