Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

NYIPLA Files Amicus Brief Advocating for the Supreme Court to Clarify Article III Standing in Appeal from IPR Proceedings

July 23, 2018
Author(s): Charles R. Macedo, David Goldberg, Chandler Sturm, et al. *

(July 23, 2018, IPWatchdog) On Friday, July 20, 2018, the New York Intellectual Property Association (“NYIPLA”) filed an amicus brief arguing that the Petition for Writ of Certiorari should be granted in RPX Corp. v. ChanBond LLC, No. 17-1686. See the NYIPLA’s website for the full Brief of New York Intellectual Property Law Association as Amicus Curiae in Support of Neither Party, RPX Corp. v. ChanBond LLC, No. 17-1686 (July 20, 2018). This case raises the important question of whether the Court of Appeals for the Federal Circuit (“Federal Circuit”) can refuse to hear an appeal by a petitioner from an adverse final written decision in an inter partes review (“IPR”) proceeding, on the basis of a lack of a patent-inflicted injury-in-fact, when Congress has statutorily created the right for dissatisfied parties to appeal to the Federal Circuit.

For full article, please see NYIPLA Files Amicus Brief Advocating for the Supreme Court to Clarify Article III Standing in Appeal from IPR Proceedings

By Charles R. Macedo, David Goldberg, Chandler Sturm, et al. *

Mr. Macedo was counsel of record and Mr. Goldberg was additional counsel on the Amicus Brief filed by the NYIPLA in RPX v. Chanbond with the U.S. Supreme Court. A copy of this amicus brief is available here.



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