IPR Appeal Dismissed After Biosimilar Development Discontinued, PTAB Litigation Blog

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Article III of the Constitution imposes a "case or controversy" limitation on the jurisdiction of federal courts: an actual case or controversy must exist between the parties at all stages of the federal court proceedings, including appeals. The Supreme Court has articulated a number of justiciability doctrines, such as standing and mootness, to delineate this constitutional limit. As applied to PTAB litigation, the Federal Circuit has dismissed appeals brought by petitioners after unsuccessful PTAB trials for lack of standing in cases where the petitioner fails to establish an "injury in fact."

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