<<So, here's my question: What happens if there is a violation of PI use, say
one of Naughty Games's product include a PI that is actually licensed to
Beta Games but owned by Acme Games, and Naughty Games try to challenge this
in court? Who would be the plaintiff party in the lawsuit? Hypothetically
speaking...
>>
Probably depends on the licensing agreement between Beta and Acme. Licensing agreements typically give you some limited rights to act as an agent of the licensor, and sometimes require you to go to court on their behalf.
Contract law typically allows for agents and assignees even if the contract doesn't specifically mention these as long as the contract doesn't specifically bar them.
In a licensing situation, this is probably one of the only times a third party (the licensor of the PI) can get involved as a plaintiff. However, the third party might not be the one bringing the case if they have contractually named Beta Games as their agent in any litigation.
So, the answer to this question, in my mind, is that it all depends on the contracts between Beta and Acme.
Lee
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