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

Matthew Chivvis, Sumaiya Sharmeen, Evelyn Li-Jin Chang and Maya Darrow wrote an article entitled "Who May Sue: Patent Standing Issues and Implications for the Life Sciences Industry" for IP Strategist about the Federal Circuit’s framework for analyzing standing in patent cases, with a particular focus on challenges faced by life sciences companies.

The article explains the distinction between constitutional and statutory standing, outlines the categories of plaintiffs who may bring patent infringement suits, and discusses the impact of transfers of patent rights—including assignments and licenses—on a party’s ability to sue. It further examines recent case law involving complex corporate structures and intra-company transfers, highlighting pitfalls that may arise from unclear allocation of exclusionary rights and enforcement authority. The authors emphasize the importance of careful drafting in patent agreements to avoid standing-related disputes and ensure effective enforcement strategies.

Read the full article.