Fresh From the Bench: Latest Precedential Patent Case
Contributed by Schwabe Williamson & Wyatt. Originally published on Patexia; republished here as part of the LexDana archive.
CASE OF THE WEEK
A.L.M. Holding Company. v. Zydex Industries Private Ltd., Appeal No. 2025-1317 (Fed. Cir. May 19, 2026)
In its only precedential patent opinion last week, the Federal Circuit clarified its position on Article III standing for patent infringement suits where the patent holder transferred away some of its rights through an exclusive license.
The plaintiffs in this case—A.L.M. and Ergon Asphalt & Emulsions, Inc.–jointly own six patents related to warm-mix asphalt technology. In 2008, they entered into an agreement with MeadWestvaco Corporation (replaced by Ingevity Corporation in 2015 after a corporate merger) to exclusively license the patents, retaining for themselves the rights to collect royalties, approve sublicensees and assignments, and share control of patent infringement suits. In March of 2024, A.L.M. and Ergon filed an infringement suit against Zydex Inc. alleging infringement of their six patents. The district court dismissed the claim due to a lack of Article III standing, finding that A.L.M and Ergon’s had transferred away too many of their exclusionary rights in the asserted patents to establish constitutional standing.
Editors:
Nika Aldrich, IP Litigation Group Leader, Schwabe
Jason A. Wrubleski, Shareholder
Contributor:
Brittani Gambrell, Associate
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