Tag Archives: exclusionary rights

Zebra’s Stripes: Just So Stories about Patent Standing

August 11, 2024PatentArticle III Standing, Cert Petition, exclusionary rights, Federal Circuit, Intellectual Property Finance, litigation finance, paid, patent assignment, patent enforcement, patent law, patent licensing, patent litigation, Patent Ownership, patent rights, Patent Standing, standing, Supreme CourtDennis Crouch

by Dennis Crouch

The newest patent-focused petition for writ of certiorari to the Supreme Court was recently filed by Zebra Technologies, challenging the Federal Circuit's determination that the a patentee had standing to sue for infringement even though a third party separately held rights to assign, license, and enforce patent rights.

The case offers an increasingly common situation in patent litigation finance where the litigation funder is seeking legal assurances and collateral rights, but where those rights potentially risk stripping the patent owner from the exclusionary rights necessary to establish standing.

To continue reading, become a Patently-O member. Already a member? Simply log in to access the full post.

Post-Default Creditor’s Right to Assign, License and Enforce Patent does not Disturb Patentee’s Separate Right to Sue Infringers

May 1, 2024Patenten banc, exclusionary rights, Oil States, paid, patent assignment, patent law, patent licensing, standingDennis Crouch

by Dennis Crouch

The Federal Circuit's new decision in Intellectual Tech LLC v. Zebra Techs. Corp., No. 2022-2207 (Fed. Cir. May 1, 2024) offers some interesting insight into leveraged patent transactions, and the effect of a lender's ability to license or assign a patent on the patent owner's standing to sue for infringement, especially after default.

To continue reading, become a Patently-O member. Already a member? Simply log in to access the full post.