Intellectual Property,
Civil Procedure
Sep. 18, 2024
Clarifying standing in patent infringement lawsuits
The Federal Circuit clarified that in patent infringement suits, the key to constitutional standing is the "right to bring suit." A "bare licensee" with only a promise not to be sued lacks exclusionary rights and cannot sue.
Dariush Adli
President ADLI Law Group
444 S Flower St
Los Angeles , CA 90071
Email: adli@adlilaw.com
Univ of Michigan Law Sch; Ann Arbor MI
A recent court of appeal decision has clarified the requirements for satisfying constitutional standing in order to bring a patent infringement suit. The Intel. Tech., LLC. v. Zebra Techs. Corp., 101 F.4th 807 (Fed. Cir. 2024) (Zebra) decision by the Federal Circuit Court of Appeal, which has plenary jurisdiction over all patent appeals, is significant as it confirms that among the many indicia of patent rights, the "right to bring suit" is t...
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