On July 31, 2019, Chris Loh and Fred Millett published "When Can Exclusive Patent Licensees Sue in Their Own Name?" in Westlaw Journal Intellectual Property. The following is an excerpt:
Federal courts require that parties who file patent lawsuits have standing to do so.
There are two types of standing: Article III "constitutional" standing, and "prudential" or "statutory" standing under Section 281 of the Patent Act, 35 U.S.C.A. § 281.
Whether a party has constitutional standing depends on whether it has suffered an injury in fact, whether there is a connection between that injury and the defendant’s alleged conduct, and whether the injury can be redressed by a favorable court decision.
Whether a party has statutory standing depends on whether that party qualifies as a "patentee" who can sue for infringement under Section 281.