Re: Rght of exclusive licensee to sue third party for infringment
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Posted by M Arthur Auslander on February 18, 2002 at 00:24:04:
In Reply to: Rght of exclusive licensee to sue third party for infringment posted by Lubarsky on February 17, 2002 at 21:31:06:
: Consider the following situation: : A is a patentee of a US patent. A gives B an exclusive license to the patent, but the license is limited to a certain Field of Use (meaning that B can use the patent only in B's Field but not in any other Field, and additionally, A is entitled to grant licenses to third parties in any Field other than B's Field). : C infringes the patent in B's Field. Obviously A can sue C, but can B sue C ? : I know that in some jurisdictions an exclusive licensee has standing to enforce a patent versus a third party. But in this case B's exclusivity is limited to a Field of Use - does this limitation harm his standing in enforcing the patent ? what's the default considering the License Agreement doesn't say anything about this ? Dear Mr. Lubarsky, My unresearched understanding of the law is that B has no right unless specifically granted in the agreement. M. Arthur Auslander Auslander & Thomas-Intellectual Property Law Since 1909 505 Eighth Avenue, New York, NY 10018 212-594-6900, fax 212-244-0028, aus@auslander.com America On line Instant Messenger screen name artauslander ELAINE'S Workshop® E arly L egal A dvice I s N ot E xpensive
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