Standing To Sue For Patent Infringement: Where Do We Stand On The “Exclusionary Right” Requirement?
Under Article III of the Constitution, a plaintiff must have standing in order to bring a suit in federal court. To establish standing, the plaintiff must have "(1) suffered an injury in fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3) that is likely to be redressed by a favorable judicial decision."1Constitutional standing is a jurisdictional requirement, a defect in which can be challenged at any time, even [...]