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Standing to Assert a U.S. Patent: Do Infringement Actions Belong Solely to the 'Patentee'?

Who can sue on a U.S. patent? The answer is not always as clear-cut as one may think. A patent plaintiff or other party seeking to enforce rights in a U.S. patent portfolio will thus wish to ensure before commencing any such action that he enjoys sufficient legal standing with respect to the patents in his portfolio. Otherwise, a challenge to the plaintiff's legal standing may lead to unexpected chagrin for the would-be asserter of the patent and unlooked-for advantage on the part of the alleged infringer against whom the patent was to be asserted.

14 minute read May 01, 2003 at 01:48 PM
By
Jeffrey D. Sullivan
Standing to Assert a U.S. Patent: Do Infringement Actions Belong Solely to the 'Patentee'?

Who can sue on a U.S. patent? The answer is not always as clear-cut as one may think.

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