Intellectual Property (IP) Transactions Cases Practice Test

Standing in patent infringement cases hinges on who owns the patent or who has exclusive rights to practice it. If a license is truly exclusive and the licensor has no remaining right to practice the invention or to enforce the patent, the exclusive licensee can sue in its own name without joining the licensor. In this scenario, Disney’s affiliate license did not give Disney any continuing, substantial right to practice or control enforcement that would undermine Luminara’s own exclusive rights. Because Disney’s rights were not a substantial barrier to Luminara’s exclusive rights to practice, Luminara could bring the suit without Disney being joined, so standing was satisfied. The other possibilities would require ownership transfer or an arrangement that actually removed Luminara’s exclusive rights, which isn’t what happened here.