Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged article iii standing · clear
Article III Review of Agency Action May Once Again Interest SCOTUS A perceived lack of Article III standing in appeals from the Patent Trial & Appeal Board (PTAB) to the Federal Circuit can doom an appeal. More recently, the Court has had an opportunity to…
GENERAL ELECTRIC CO. V. UNITED TECHNOLOGIES CORP. Before Reyna , Taranto, and Hughes. Appeal from the Patent and Trial Appeal Board. Summary : A petitioner who loses an IPR must proffer specific evidence of competitive injury or economic loss to establish…
AVX CORPORATION V. PRESIDIO COMPONENTS, INC. Before Newman, O’Malley, and Taranto . Appeal from the Patent and Trial Appeal Board. Summary: Appellants from an IPR decision to the Federal Circuit must have concrete claims of current or non-speculative…
Are Biosimilar Development Efforts Enough? In Momenta Pharmaceuticals, Inc. v. Bristol-Myers Squibb Co. ( here ), the Federal Circuit was poised to explore the level of biosimilar legwork that could satisfy Article III standing for appeal from an adverse…
