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

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 (Part II)" for IP Strategist, which discusses complex patent standing issues relevant to companies in the life sciences sector. The article examines special circumstances affecting standing, such as exclusive field of use licenses, corporate control over patent owners, and trust arrangements, and analyzes how mid-litigation transfers of patent rights can impact a party’s ability to maintain suit and recover damages. It highlights Federal Circuit case law addressing these issues and underscores the importance of careful structuring of patent ownership and assignments to avoid gaps in standing that may lead to dismissal or limit damages. The authors emphasize that life sciences companies should proactively consider these factors when enforcing patents, particularly in the context of ongoing litigation and complex corporate structures.

Read the full article.