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Taming Frankenstein’s Monster: Federal Circuit Clarifies Standing Law In A.L.M. v. Zydex
To sue for patent infringement, a plaintiff must have constitutional standing under Article III and statutory standing under 35 U.S.C. § 281. Clearing these hurdles is straightforward for patent owners—that is, unless they exclusively license their patents. Exclusive licenses can deprive patent owners of constitutional standing if the patent owner fails to retain sufficient exclusionary rights.
United States IP
M
Mintz
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