Federal Circuit Revives Patent Suit Axed for Lack of Standing

A Texas owner of a radio frequency identification patent has constitutional standing to sue a maker of RFID products, despite arguments that it lost standing due to a loan agreement, the Federal Circuit said.

The court’s Wednesday decision overturns a district court ruling that a provision in a loan agreement between Main Street Capital Corp. and Intellectual Tech LLC’s parent company, and secured by the patent and other intellectual property meant IT lacked standing to sue Zebra Technologies Corp. for patent infringement in 2019.

“IT retained exclusionary rights even though Main Street had the non-exclusive ability to license” US Patent ...