In 2017, Imitate, LLC filed a patent infringement action against Gene Corp asserting a right over Patent No. 12AB23 which was issued to Sven Smith who also founded Imitate. On Dec 1, 2016, a patent assignment was executed between Smith and Imitate which stated that it "assigns, transfers and conveys to Imitate all rights in Patent No. 12AB23." On the same day, Smith executed a formation of Imitate, LLC and the following day (Dec 2, 2016) it was filed with the office of the Secretary of State of Delaware. What argument can Gene Corp make against Imitate's standing to bring the action and will they be successful?