Analysis

Who Can Appeal PTAB Decisions? Here's What We Know

Law360 (July 9, 2019, 8:37 PM EDT) -- Anyone can challenge a patent at the Patent Trial and Appeal Board. But the Federal Circuit has not been as welcoming when someone is unhappy with the board’s decision. Here’s a look at what the court has said about who can — and cannot — appeal a PTAB loss.

There is no standing requirement to challenge a patent in inter partes review at the PTAB. Whether it's a rival company accused of infringement, nonprofit groups providing a public service or a hedge fund manager shorting stocks, all are welcome to ask the PTAB to review the validity of a patent....

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