Insights

Biosimilar

IPR Appeal Dismissed After Biosimilar Development Discontinued, PTAB Litigation Blog

Visit the PTAB Litigation Blog.

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."

Read the full article at ptablitgationblog.com.

Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.

 
We use cookies to deliver our online services. Details of the cookies and other tracking technologies we use and instructions on how to disable them are set out in our Cookies Policy. By using this website you consent to our use of cookies.