Posts Tagged: "Phigenix v. ImmunoGen"

Federal Circuit Dismisses PTAB Appeal Because Appellant Fails to Prove Injury-In-Fact for Standing

On Friday, August 3rd, the Court of Appeals for the Federal Circuit issued a precedential decision in JTEKT Corporation v. GKN Automotive, which dismissed an appeal stemming from a trial conducted at the Patent Trial and Appeal Board (PTAB) where two of seven challenged claims were upheld as not unpatentable. The Federal Circuit panel of Chief Judge Sharon Prost and Circuit Judges Timothy Dyk and Kathleen O’Malley found that appellant JTEKT lacked the standing required to appeal the case because it couldn’t prove an injury-in-fact required for standing.

Steve Brachmann

August 8, 2018

Federal Circuit Clarifies Injury in Fact Standing to Challenge Final Agency Decision in IPR

In appealing from a final IPR decision, the appellant must have standing, based on evidence of record or supplemental evidence showing an “injury in fact.” Alleged economic injury must be specific and proven, and does not arise just from statutory appeal provisions or from IPR litigation estoppel when appellant’s infringement of the challenged patent is not a potential issue.

Joseph Robinson & Robert Schaffer

January 13, 2017