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An Exclusive License Does Not Automatically Eliminate A Patent Owner’s Right To Sue
When a patent owner grants an exclusive license, does it automatically lose the right to sue infringers? The Federal Circuit addressed this critical question in two parallel cases, examining what retained rights are necessary to preserve constitutional standing. The court's analysis reveals how specific contractual provisions—including sublicense approval authority, royalty rights, and enforcement participation—can determine whether a patent owner maintains a meaningful legal stake in its patent
Ireland IP
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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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