Recent Developments on Article III Standing-to-Appeal AIA Trial Decisions, PTAB Litigation Blog
In past decisions, the Federal Circuit has made clear that a petitioner appealing a PTAB’s final written decision upholding the patentability of challenged claims after an AIA trial must establish Article III standing. In particular, the petitioner must demonstrate an injury-in-fact from the adverse PTAB decision that is both (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical.
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