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Patent Infringement: Standing to Sue

In patent infringement litigation, one threshold question is who must bring the patent infringement claim. The rule on patent infringement standing is that plaintiffs suing for infringement collectively must hold "all substantial rights" in the patent being asserted. Crown Die & Tool Co. v. Nye Tool & Mach. Works, 261 U.S. 24 (1923). Accordingly, if two entities jointly own the patent being asserted in the patent ligitation, both entities would need to jointly file the infringement action. It is critical, therefore, for the client to disclose to the patent infringement attorney all facts surrounding the ownership of the patent so that the correct plaintiff(s) will file the patent infringement ligitation.

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