... i QUESTION PRESENTED This petition concerns standing to assert a claim for patent infringement where patent rights have be- come diffused by contract. The Federal Circuit holds that Article III standing to sue for patent infringement ...
The question presented is: Whether a party has Article III standing to assert a claim for patent infringement against an accused in- fringer who has the ability to obtain a license from a third party. ii PARTIES TO THE PROCEEDINGS AND ...
... 2 Statement of the Case ................................................... 3 Reasons for Granting the Petition ............................. 12 I. Certiorari Is Necessary to Clarify Standing to Sue for Patent Infringement.......................
... and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority[.] 2 INTRODUCTION In some cases, evaluating standing to assert a claim for patent infringement ...
This Court should grant certiorari to cure this con- fusion and establish clear rules for Article III standing and the right to sue for patent infringement.
Such a party may, practically, be injured by patent infringement.
... GRANTING THE PETITION I. Certiorari Is Necessary to Clarify Standing to Sue for Patent Infringement. The Federal Circuit’s decisions have created un- certainty and unpredictability regarding standing to sue for patent infringement.
According to the Federal Circuit, “the touchstone of constitutional standing in a patent infringement suit is whether a party can establish that it has an exclusionary right in a patent that, if violated by an- other, would cause the party ...