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Clarified: Standing Requirements and Burden Shifting Framework in IPR Proceedings, PTAB Litigation Blog

September 2018


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Any person or entity may file an IPR proceeding to invalidate a patent, regardless of whether it faces a specific threat of infringement. An adverse decision in an IPR proceeding is appealable only to the Federal Circuit. However, the Federal Circuit, as an Article III Court, is of limited jurisdiction. As a result, questions have been raised regarding standing in IPR appeals. A patent challenger has standing in the Federal Circuit only when it has (1) suffered an injury in fact that is (2) fairly traceable to the patent owner’s conduct (3) for which a favorable judicial decision is likely to afford relief. In contrast, administrative agencies, such as the PTAB, need not adhere to these requirements in adjudicating disputes.

Read the full article at ptablitigationblog.com.