"Standing At The Federal Circuit: The Constitutional Roadblock To Appealing PTAB Decisions"

The availability of appellate review of a PTAB final written decision is an important consideration in determining whether to challenge a patent in a PTAB trial. In a series of opinions, the Federal Circuit has ruled that certain petitioners, while able to challenge a patent before the PTAB, do not meet the Constitutional standing requirement necessary for appellate review. This body of case law continues to evolve and is a central issue in two high profile, pending appeals involving biotechnology and aeronautics inventions. In this presentation, the speakers will explore the issue of standing as it applies to petitioners in PTAB trials who have not been sued and who do not face an imminent threat of infringement and find themselves without standing to appeal a PTAB final written decision to the Federal Circuit.

More information here.