July 31, 2019 | Westlaw Journal Intellectual Property

When Can Exclusive Patent Licensees Sue in Their Own Name?

1 min

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.