Exclusive licensee entitled to patent infringement standing despite third parties’ limited right to license patent in the licensee’s exclusive field of use – Wiav v. Motorola (Fed. Cir., Dec. 22, 2010)

The Federal Circuit recently determined that an exclusive licensee had standing to assert rights in several patents despite the fact that several third parties had a limited right to license the patents in the alleged exclusive field of use. In Wiav Solutions LLC v. Motorola, Inc. , 2010 U.S. App....

How Exclusive Must an "Exclusive Licensee" Be to Sue for Patent Infringement?

The Federal Circuit recently decided that in order to bring an infringement action, an exclusive licensee need not have the right to exclude all others from practicing a patent. In this Commentary, Kimberly Seluga discusses infringement standing in the context of exclusive licensees and examines the...