Locus Standi of co-marketers under Unfair Competition Law does not depend on the infringement of the patent but on the existence of the patent
As the readers are well aware, quite often patented products are not necessarily marketed (or only marketed) by the patent owner. It is usual for patent owners to market their products through their subsidiaries and/or through third party co-marketers, which join forces with the former to obtain the best possible distribution of the patented product….