Well the court has somehow ruled that confiscating things like cars and cash from people suspected of crimes such as drug trafficking is perfectly legitimate even if the person is never charged or convicted of committing a crime, so they may have an uphill battle here.
A bit more context to the quote regarding Righthaven's standing to sue
From the article - puts the lawyer's assertion that no question should remain in better context:
"Righthaven and Stephens Media have altered their licensing arrangement in a bid to obtain legal standing, Gibson said. The agreement has always granted each side a 50 percent stake in settlements and verdicts.
The altered arrangement, however, has not been tested in court. Hunt, however, labeled the licensing changes “cosmetic,” but declined to rule if the new agreement gives Righthaven the right to sue.: