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.[1]

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.[2]

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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