Federal Circuit Dismisses IPR Appeal for Lack of Standing

In Phigenix v. ImmunoGen, Appeal No. 16-1544 (Fed. Cir. Jan. 9, 2017), a precedential decision, the Federal Circuit found that the petitioner lacked standing to appeal the Patent Trial and Appeal Board’s (PTAB) final written decision in an inter partes review proceeding. In its decision, the Federal Circuit indicated that it was setting forth, for the first time in its history, a legal standard for demonstrating standing in an appeal from a final agency action. This case is of importance to both patent owners and petitioners involved in PTAB proceedings, because not all parties who can challenged patents at the PTAB will have the right to appeal to the Federal Circuit.

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