Standing to Sue: Licensing Issues and Patent Infringement

Luminara Worldwide, LLC v. Liown Elecs. Co. provides a great recap of issues to consider when analyzing standing and joinder in patent infringement cases. No. 2015-1671, slip op. at 5-13 (Fed. Cir. Feb. 29, 2016). In Luminara, Disney (the patentee) granted Candella (the exclusive licensee) a license to “make, have made, use, sell, offer for [sale], and import” artificial candles practicing the patented “Artificial Flame Technology.” Id. at 3. Disney later gave Candella the right to sublicense its interest in the Artificial Flame Technology, assign its interest with Disney’s consent, and sue without Disney’s consent. Id. at 4. Candella later merged with plaintiff Luminara. Id. at 5.

What rights does a patentee retain? Read more about Patent Infringement.

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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

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