By Craig Countryman (November 26, 2018, 1:05 PM EST) -- When can a party appeal an inter partes review loss? The Federal Circuit has held that an IPR loser must establish Article III standing to appeal, which requires a "real" and "immediate" "injury in fact." Most IPR losers meet this requirement. Any unsuccessful patentee is injured by the loss of its patent, and an IPR petitioner who has been sued for infringement is immediately injured too. However, losing petitioners who seek an IPR but do not have an allegedly infringing product may not have a "concrete" or "immediate" injury. Three recent Federal Circuit decisions set parameters on when an allegedly infringing product is close enough to market to give rise to standing.[1] Two other pending appeals will further clarify matters.[2]...