TexasLDPC can pursue its patent claims without joining Texas A&M University, the Federal Circuit held in a precedential decision on 14 September 2026. Reversing the dismissal in TexasLDPC v Broadcom, the court found that the licence transferred all substantial patent rights and that the university was not otherwise a required party in this case. Moving to an enforcement-only business had not terminated the agreement: its operative terms expressly contemplated enforcement efforts and sharing litigation recoveries. The ruling addresses the ability to bring the case, not whether infringement occurred.
For university technology transfers and cross-border licensing, the practical question is who controls the rights throughout the relationship. JCIPO recommends reviewing litigation control, sublicensing, revenue sharing, retained rights and termination provisions together, and stating whether enforcement counts towards continuing business and performance obligations. An exclusive licence label alone does not settle who may sue. Even a transfer of all substantial rights leaves a separate inquiry into whether the patent owner must be joined under the applicable procedural rules.
