IP Issues Episode 1 – When are “Exclusive Rights” Under a Patent License Enforceable by the Licensee?

Obtaining and enforcing exclusivity when licensing a patent is not as simple as it first might appear.  In this podcast, Peter Lando and Tom McNulty of Lando & Anastasi discuss the clauses that must be in a license to permit the licensee to sue for infringement in its own name, the circumstances that might require joinder of the patentee prior to filing suit, and licenses in which the patentee retains so many rights to prohibit the licensee from taking part in an infringement suit at all.