Time For High Court To Clarify Standing For IPR Appeals

By Charles Macedo, Brian Comack, Jung Hahm and Christopher Lisiewski (January 16, 2019, 1:38 PM EST) -- In JTEKT Corp. v. GKN Automotive Ltd.,[1] the U.S. Court of Appeals for the Federal Circuit added to a series of decisions, where the Federal Circuit engrafted a patent-inflicted-injury-in-fact requirement for a dissatisfied petitioner in an inter partes review proceeding to appeal an adverse final written decision of the Patent Trial and Appeal Board. JTEKT has filed a petition for writ of certiorari seeking to have the U.S. Supreme Court review the Federal Circuit's standing jurisprudence. In RPX Corp. v. ChanBond LLC,[2] the Supreme Court invited the solicitor general to provide its views on this very important issue. This article explains...

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