Analysis

Fed. Circ.'s High Standing Bar May Deter Some PTAB Reviews

Law360 (July 12, 2019, 8:32 PM EDT) -- The Federal Circuit’s ruling that General Electric can’t appeal an unfavorable decision from the Patent Trial and Appeal Board on a rival’s jet engine patent illustrates just how high the bar has been set for standing to appeal board decisions, which may cause some companies to think twice about a patent challenge.

The appeals court found in its ruling Wednesday that General Electric Co. didn’t have standing to appeal after the PTAB upheld part of United Technologies Corp.’s patent in inter partes review. The court said GE hadn’t suffered the type of injury that is required to bring a case to an...

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