Yulchon's IP Team Secures a Final Victory for Samsung, Persuading the Full Panel of the Supreme Court that a Licensee Qualifies as an Interested Party with Standing to Bring an Invalidation Trial (S. Ct., Feb. 21, 2019)
2019.02.21.
Yulchon represented Samsung Electronics Co., Ltd. and successfully obtained an en banc Supreme Court decision rejecting an appeal of an invalidation trial of a patent owned by Company A.
The full panel of the Supreme Court decided to hear this case, given the need to reconcile the conflicting Supreme Court precedents regarding the standing of a licensee to challenge the validity of a patent. The Supreme Court ultimately ruled that a licensee may qualify as an interested party with standing to request an invalidation trial and overruled a line of Supreme Court precedents to the contrary, thereby siding with Samsung to reject the appeal brought by the opposing party.
This en banc decision by the Supreme Court clearly settles the standing issue for licensees with regard to invalidation challenges, and permits licensees to claim standing and challenge the validity of a patent more proactively.
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