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Fed. Cir.: Threat of Suit Over Past Infringement Confers Standing, PTAB Litigation Blog

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The Federal Circuit’s April 30, 2020 decision in Grit Energy Solutions, LLC v. Oren Technologies, LLC, No. 2019-1063, held that a former patent infringement defendant who had sold off the allegedly infringing product line and obtained a dismissal of the lawsuit without prejudice nonetheless faced a controversy of “sufficient immediacy and reality” to confer Article III standing upon the defendant to appeal an adverse PTAB decision.  In doing so, the Federal Circuit expanded on a growing body of recent case law concerning the standing requirements to appeal a decision of the Patent Trial and Appeal Board.

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