On July 17, Adam Kelly and Sophia Gunzburg published “Fed. Circ. Licensing Rulings Shed Light On Patentee Standing” in Law360. The following is an excerpt:
In the two years since the U.S. Supreme Court declined to review Zebra Technologies Corp. v. Intellectual Tech LLC, important questions have remained regarding how a patent owner could retain Article III standing after licensing significant patent rights to another party.
But now additional guidance has arrived in two May 19 decisions from the U.S. Court of Appeals for the Federal Circuit — A.L.M. Holding Co. v. Zydex Industries Private Ltd. and Recor Medical Inc. v. Medtronic Ireland Manufacturing Unlimited Co.
Together, these decisions explain how retained enforcement rights, royalty interests and sublicensing controls may preserve patent owner standing even after an exclusive license has been granted.
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