Injury in Fact: Establishing IPR Petitioner Standing on Appeal

As Justice Breyer obliquely observed in Cuozzo Speed Technologies, LLC v. Lee, a petitioner in an inter partes review (IPR) unsatisfied with a decision by the U.S. Patent Trial and Appeal Board (PTAB) may “lack constitutional standing” to appeal that decision to the Federal Circuit. This is because while “Article III standing is not necessarily a requirement to appear before an administrative agency” like the PTAB, Article III standing is required for an appellant to the Federal Circuit. In Phigenix, Inc. v. ImmunoGen, Inc., the Federal Circuit articulated for the first time “the legal standard for demonstrating standing in an appeal from a final agency action,” such as a Final Written Decision (FWD) by the PTAB. This article explores that standard and its subsequent application by the Federal Circuit in appeals by IPR petitioners.

Read "Injury in Fact: Establishing IPR Petitioner Standing on Appeal"