Fed. Circ.’s PTAB Standing Rule Flouts Law, Justices Hear

Law360 (July 23, 2018, 8:27 PM EDT) -- A Federal Circuit decision that frequent patent challenger RPX Corp. lacks standing to appeal a Patent Trial and Appeal Board decision upholding a patent it challenged runs afoul of the America Invents Act, the New York Intellectual Property Law Association and others told the U.S. Supreme Court on Friday.

In amicus briefs, the groups urged the high court to hear RPX’s appeal and review the Federal Circuit’s position that inter partes review petitioners must have suffered an injury related to the patent to have standing under Article III of the U.S. Constitution to appeal adverse decisions by the board.

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