Analysis

3 Takeaways In Ruling On PTAB Standing And Burden-Shifting

Law360 (September 26, 2018, 8:36 PM EDT) -- The Federal Circuit's recent decision reversing a Patent Trial and Appeal Board ruling that DuPont failed to prove a rival's chemical patent was invalid sheds light on standing requirements for PTAB appeals and when the burden shifts to patentees. Here's what attorneys can learn from the ruling.

More Ways to Establish Standing for PTAB Appeals

There is no standing requirement to challenge a patent at the PTAB under the America Invents Act, so anyone can file an inter partes review petition seeking to have a patent invalidated. However, the Federal Circuit has held that parties do need to meet traditional standing...

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