Contributed By Gilat, Bareket & Co., Reinhold Cohn Group
The necessary parties to an action for infringement are the patentee and exclusive licensee who are the only ones that can file an action for infringement. Therefore, non-exclusive licence owners cannot file an action for infringement. In cases of a jointly owned patent, each partner is entitled to bring action for infringement.
The plaintiff must join co-patentees and exclusive licensees (who choose not to join the action for infringement with the plaintiff) as defendants. A person who was joined as a defendant but did not take part in the proceedings will not be required to participate in the payment of litigation costs.