On December 28, 2021, the Federal Circuit issued another decision addressing an appellant’s standing to appeal inter partes review (“IPR”) decisions from the PTAB. The patent community has seen several opinions over the last couple of years as the Federal Circuit continues to navigate the complicated waters of what is and is not sufficient to
Article III
Article III Standing for an IPR Appeal Despite Patent Expiration and No Pending Litigation
By Benjamin R. Holt on
Posted in Appellate Decisions
Article III standing has become a contested and often dispositive issue in appeals from the Patent Trial and Appeal Board (PTAB). For example, as we reported previously, the Federal Circuit has dismissed an inter partes review (IPR) petitioner’s appeal where the petitioner-appellant lost standing by abandoning development of its potentially infringing product.[1] We also…
“Competitor Standing” Not Sufficient to Establish Article III Standing for Appeal of PTAB Decision
By Nicole M. DeAbrantes on
Posted in Appellate Decisions
Recently, in AVX Corp. v. Presidio Components, Inc., the Federal Circuit dismissed AVX Corp.’s (“AVX”) appeal of the PTAB’s inter partes review decision for lack of standing. AVX petitioned the PTAB for an inter partes review of the 21 claims of U.S. Patent No. 6,661,639 (“the ’639 patent”). Presidio Components Inc. (“Presidio”) owns the…