In International Gamco, a case of first impression, the Federal Circuit addressed the question of whether an exclusive licensee of a patent whose license was limited to a field of use could sue in its own name without joining the patentee and held that, unlike an exclusive license who holds all of the substantial rights in a patent or all of the substantial rights under the patent for a specific territory, it could not. This commentary, written by Eric E. Bensen, a co-author of Milgrim on Licensing and Milgrim on Trade Secrets, and an attorney with Paul, Hastings, Janofsky & Walker LLP in New York, where he focuses his practice on intellectual property litigation and licensing, examines the implications of the decision.
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