Do Only Certain IPR Petitioners Have Standing To Appeal Adverse PTAB Decisions?, PTAB Litigation Blog

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Estimates are that roughly 80% of IPRs involve a challenge to a patent being asserted against the petitioner in a district court litigation. Typically, in those IPRs, if the litigation-defendant-petitioner loses at the PTAB, there is no question about the petitioner’s standing to appeal the PTAB’s adverse decision to the Federal Circuit, because the petitioner is facing live claims of infringement of the patent in a district court action.

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