Divide On Standing In Patent Cases Needs Fed. Circ. Guidance
By Kylie Kim (July 14, 2021, 3:15 PM EDT) -- The U.S. Court of Appeals for the Federal Circuit has historically equated a plaintiff's possession of a right to sue under Section 281 of the Patent Act with the plaintiff's standing under Article III, Section 2 of the U.S. Constitution.
In recent years, the Federal Circuit issued key decisions overturning that precedent: Lone Star Silicon Innovations LLC v. Nanya Technology Corp. in 2019 and Schwendimann v. Arkwright Advanced Coating Inc. in 2020.
Notwithstanding these decisions, district courts continue to issue conflicting rulings on whether a plaintiff must possess a right to sue under the Patent Act for Article III standing, specifically...
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