Who May Sue: Patent Standing Issues and Implications for the Life Sciences Industry (Part I)

Standing is the issue that determines whether a plaintiff is the right party to bring a case. Although it is a fundamental requirement for all cases, it poses unique challenges in the patent context, particularly for life sciences companies. This two-part article provides guiding principles and potential pitfalls for plaintiffs and defendants alike. In this first article, we lay out the Federal Circuit’s framework for analyzing standing in patent cases and explain what rights a patent owner must have in order to sue for patent infringement.