Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

IP-Watch Inside Views:
Rethinking Article III Standing In IPR Appeals At The Federal Circuit (US)

June 18, 2018
Author(s): Charles R. Macedo, Chandler Strum, Amster, Rothstein & Ebenstein LLP,  James Howard, Askeladden L.L.C.

In January 2018, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit in RPX Corp. v. Chanbond LLC issued a non-precedential order dismissing an appeal by RPX (as a dissatisfied petitioner) of an adverse final written decision in an inter partes review (“IPR”) proceeding initiated in response to RPX’s petition. In particular, by applying is prior precedential decisions in Consumer Watchdog v. Wisconsin Alumni Research Foundation, and Phigenix Inc. v. Immunogen, Inc., the court concluded “that RPX lacks Article III standing to appeal the Board’s decision affirming the patentability of claims 1-31 of the ’822 patent.”

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