The Federal Circuit’s Intellectual Tech v. Zebra opinion clarifies standing requirements for patent infringement cases, particularly concerning rights granted to third parties and maintaining the right to sue.
Intellectual Tech LLC, as a subsidiary of OnAsset, assigned a patent but later defaulted on an agreement allowing a lender rights that complicated their ability to sue for infringement.
This case highlights the ongoing confusion between constitutional and statutory standing in patent infringement cases and the necessity for clear distinctions among legal rights conveyed.
Zebra's challenge to IT's standing was based on their patent rights possessively conveyed under a security agreement, raising significant implications for patent ownership and enforcement.
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