The Federal Circuit’s precedential opinion in Intellectual Tech, LLC. v. Zebra Technologies Corporation is the most recent decision in a series of cases clarifying the requirements for when standing is proper for a patent infringement action. Intell. Tech., LLC. v. Zebra Techs. Corp., 101 F.4th 807 (Fed. Cir. 2024) (Zebra). Specifically, when addressing the standing question, Zebra provides guidance on which rights a patent owner may have granted to third parties without losing its most important right: the right to sue. This clarification is important because many practitioners have confused the distinction between constitutional and statutory standing.

Full Article Available Here