News & Analysis as of

Phigenix

McDermott Will & Emery

Article III Injury-in-Fact Required to Appeal PTAB Final Written Decision in IPR

Addressing the legal standard for demonstrating standing in an appeal from a final agency decision, the US Court of Appeals for the Federal Circuit concluded that petitioners must have Article III standing to appeal a Patent...more

Nutter McClennen & Fish LLP

Phigenix v. ImmunoGen: IPR Challenger May Lack Standing to Appeal to Federal Circuit

The America Invents Act (AIA) established a number of procedures for challenging a granted patent at the Patent Trial and Appeal Board (PTAB). While virtually anyone can challenge a patent using these procedures, not everyone...more

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