By Donald Zuhn — Last month, the Federal Circuit affirmed an Order by the U.S. District Court for the Northern District of California, finding that Appellant Walter A. Tormasi lacked the capacity to sue under Federal Rule of Civil Procedure 17(b). Mr. Tormasi had filed suit against Appellee Western Digital Corp., asserting that Western Digital had infringed claims 41 and 61-63 of U.S. Patent No. 7,324,301. Mr. Tormasi is an inmate in the New Jersey State Prison, which has a “no-business” rule prohibiting inmates from commencing or operating a business without prior approval from the Administrator (i.e., the chief executive…
