• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar

McCarter & English Logo

  • People
  • Services
  • Insights
  • Our Firm
    • Leadership Team
    • Social Justice
    • Diversity, Equity & Inclusion
    • Pro Bono
    • Client Service Values
    • Alumni
  • Join Us
    • Lawyers
    • Summer Associates
    • Patent Professionals
    • Professional Staff
    • Job Openings
  • Locations
    • Boston
    • Philadelphia
    • East Brunswick
    • Indianapolis
    • Stamford
    • Hartford
    • Trenton
    • Miami
    • Washington, DC
    • New York
    • Wilmington
    • Newark
  • Share

Share

Browse Alphabetically:

  • A
  • B
  • C
  • D
  • E
  • F
  • G
  • H
  • I
  • J
  • K
  • L
  • M
  • N
  • O
  • P
  • Q
  • R
  • S
  • T
  • U
  • V
  • W
  • X
  • Y
  • Z
  • All
Bankruptcy, Restructuring & Litigation
Blockchain, Smart Contracts & Digital Currencies
Business Litigation
Cannabis
Coronavirus Resource Center
Corporate
Crisis Management
Cybersecurity & Data Privacy
Delaware Corporate, LLC & Partnership Law
Design, Fashion & Luxury
E-Discovery & Records Management
Energy & Utilities
Environment & Energy
Financial Institutions
Food & Beverage
Government Affairs
Government Contracts & Global Trade
Government Investigations & White Collar Defense
Healthcare
Hospitality
Immigration
Impact Investing
Insurance Recovery, Litigation & Counseling
Intellectual Property
Labor & Employment
Life Sciences
Manufacturing
Products Liability, Mass Torts & Consumer Class Actions
Public Finance
Real Estate
Renewable Energy
Sports & Entertainment
Tax & Employee Benefits
Technology Transactions
Transportation, Logistics & Supply Chain Management
Trusts, Estates & Private Clients
Venture Capital & Emerging Growth Companies
  • Broadcasts
  • Events
  • News
  • Publications
  • View All Insights
Search By:
Insights Publication Magazine Corner
Main image for Determining Standing in Light of the Federal Circuit’s Azure Networks, LLC v. CSR PLC Opinion
Publications|Article

Determining Standing in Light of the Federal Circuit’s Azure Networks, LLC v. CSR PLC Opinion

New York Intellectual Property Law Association

1.1.2015

When it comes time to enforce a patent, it is imperative to determine who has standing to sue. Certainly, defendants may have an interest in seeking to exclude a plaintiff from a case based on standing for a variety of reasons (e.g., damages or venue). It is well settled that ordinarily, those who hold legal title to the patent have standing to bring a patent infringement suit. See 35 U.S.C. §§ 100(d), 281; Azure Networks, LLC v. CSR PLC, 771 F.3d 1336, 1342 (Fed. Cir. 2014); Prima Tek II, L.L.C. v. A-Roo Co., 222 F.3d 1372, 1376-77 (Fed. Cir. 2000); Enzo APA & Son, Inc. v. Geapag A.G., 134 F.3d 1090, 1093 (Fed. Cir. 1998). However, it is common for a patent owner to grant patent rights to another by way of an exclusive license. The nature of an exclusive license has a significant impact on the standing question and, more particularly, whether the licensee and the licensor (i.e., the patent owner) have standing in a litigation proceeding. In many instances, an exclusive licensee and the licensor will bring a patent suit together as co-plaintiffs to ensure that standing requirements are satisfied. Cf. Prima Tek II, 222 F.3d at 1377 (recognizing that as a “general rule,” a patentee should be joined in a patent infringement suit that is brought by an exclusive licensee). However, a recent opinion from the Federal Circuit—Azure Networks, LLC v. CSR PLC, 771 F.3d 1336 (Fed. Cir. 2014)—suggests that exclusive licensees and patent owners must carefully examine the license agreement before bringing suit and cannot assume that both the exclusive licensee and the patent owner can always bring suit together.

Read More

sidebar

pdfemail

Related People

Media item: Matthew Sklar
Matthew Sklar

Partner

Related Services

Intellectual Property
Subscribe to our Insights
McCarter & English, LLP
Copyright © 2023 McCarter & English, LLP. All Rights Reserved.
  • Login
  • Attorney Advertising
  • Privacy
  • Awards Methodology
  • Contact
  • Subscribe
  • Sitemap

The McCarter & English, LLP website is for informational purposes only. We do not provide legal advice on this website. We can provide legal advice only to our clients in specific inquiries that they address to us. If you are interested in becoming a client, please contact us, but do not send any information about your specific legal question. We cannot serve as your lawyers until we establish an attorney-client relationship, which can occur only after we follow procedures within our firm and after we agree to the terms of the representation.

Accept Cancel