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When is There Standing to Appeal a PGR Final Written Decision?
  • Marshall Gerstein & Borun LLP
  • USA
  • July 5 2018

In Altaire Pharm., Inc. v. Paragon Biotek, Inc., Case No. 2017-1487 (Fed. Cir. May 2, 2018), the Federal Circuit reversed in part a PGR final written

A Petitioner’s Dilemma in Post-Grant Reviews
  • K&L Gates
  • USA
  • June 5 2018

Post-grant reviews ("PGRs") can only be filed within a nine-month window starting from the issuance of the patent, but standing to appeal to the

Federal Circuit Issues Two Decisions Impacting Standing to Challenge Validity of Pharma Patents
  • Patterson Belknap Webb & Tyler LLP
  • USA
  • May 23 2018

Two recent Federal Circuit decisions address when a party has standing to challenge the validity of a patent. Though the cases arose in different

Federal Circuit Finds No Standing Requirement For Appellees
  • Foley & Lardner LLP
  • USA
  • August 16 2017

In Personal Audio LLC v. Electronic Frontier Foundation, the Federal Circuit ruled that an IPR petitioner does not need to satisfy Article III

Supreme Court to Patent Holders: Sell Product Anywhere, Exhaust Patent Rights Everywhere
  • McDermott Will & Emery
  • USA
  • June 1 2017

Reversing long-standing Federal Circuit precedent, the United States Supreme Court has now held that a patentee extinguishes its patent

Venue in ANDA Litigation: Will TC Heartland Cause a Sea Change or Just a Drop in the Bucket?
  • Seyfarth Shaw LLP
  • USA
  • May 26 2017

Less than two months after oral argument, the Supreme Court issued a unanimous decision on Monday, May 22, 2017, in TC Heartland LLC v. Kraft Foods

Appeal of PTO Validity Decision Dismissed in Light of Patent Owner's Unilateral Covenant Not to Sue the Appellant
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • February 28 2017

Adverse decisions by the U.S. Patent Office may not be appealed to a federal court unless the appellant meets constitutional standing requirements by

Federal Circuit Establishes Legal Standard for Standing to Appeal Final Agency Action
  • Knobbe Martens
  • USA
  • February 17 2017

In Phigenix, Inc. v. ImmunoGen, Inc., Appeal No. 2016-1544, the Federal Circuit, for the first time, established the legal standard for demonstrating

Case Summary - PPG Industries, Inc. v. Valspar Sourcing, Inc.
  • Knobbe Martens
  • USA
  • February 16 2017

In a non-precedential decision, the Federal Circuit found that appellant PPG had Article III standing to file an appeal from two inter partes

Article III Standing Found for PTAB Appeal Where Threat of Suit
  • Oblon
  • USA
  • February 10 2017

Last month, the Federal Circuit made clear that Article III standing is necessary for petitioners to appeal from adverse decisions in AIA trial