Posts Tagged: standing


Federal Circuit Affirms District Court Finding of Standing Despite Improperly Filed Assignment

On May 13, 2020, the United States Court of Appeals for the Federal Circuit (CAFC) upheld a decision of the United States District Court for the District of Minnesota …
By Rebecca Tapscott
13 days ago 0

TTAB Finds Standing for AT&T Mobility to Oppose Registration of CINGULAR

The Trademark Trial and Appeal Board (TTAB) has recently issued a decision allowing an opposition proceeding to continue after finding that opposer AT&T Mobility had standing …
By Steve Brachmann
2 months ago 0

Nonprecedential CAFC Decision Presents Questions of Standing

In Knauf Insulation, Inc. v. Rockwool International, the U.S. Court of Appeals for the Federal Circuit vacated and remanded the Patent Trial and Appeal Board’s …
By Eileen McDermott
7 months ago 1

Clarifying Competitor Standing in PTAB Appeals

To seek relief in Federal Court, a plaintiff must demonstrate a personal, legally protectable interest in the outcome of the dispute for which relief is being sought, …

Federal Circuit Rules Momenta Has No Standing after Ceasing Development of a Biosimilar

Earlier this month, the Federal Circuit dismissed an appeal from the Patent Trial and Appeal Board (Board) where the Board upheld the patentability of a biologics patent. …

No Debate: Article III Standing is a Requisite to Appeal an IPR

On January 11, GKN Automotive LTD. filed a brief in opposition to a petition for writ of certiorari filed by JTEKT Corporation. The question JTEKT seeks to have …
By Gene Quinn
1 year ago 2

Supreme Court Asked to Decide if AIA Creates Standing for Any Party to Appeal PTAB Decisions

Japanese manufacturer JTEKT Corporation recently filed a petition for writ of certiorari with the U.S. Supreme Court asking he nation’s highest court to determine whether …
By Steve Brachmann
1 year ago 10

CAFC Vacates PTAB Decision to Uphold Conversant Wireless Patent Challenged by Google, LG

On Tuesday, November 20th, the Court of Appeals for the Federal Circuit issued a nonprecedential decision in Google LLC v. Conversant Wireless Licensing, which vacated a decision …
By Steve Brachmann
1 year ago 1

Western Tennessee Judge Denies Spotify’s Motions to Dismiss Copyright Infringement Claims Brought by Bluewater Music

U.S. District Judge Jon McCalla of the Western District of Tennessee recently issued an order denying motions made by interactive streaming music provider Spotify to dismiss …
By Steve Brachmann
2 years ago 1

Can the Federal Circuit Refuse an Appeal by a Non-defendant Petitioner in an IPR?

JTEKT Corp. v. GKN Automotive Ltd., No. 2017-1828 (Fed. Cir. 2018) raises the important question of whether the Court of Appeals for the Federal Circuit can refuse to …

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 …
By Steve Brachmann
2 years ago 1

STRONGER Patents Act Introduced in House, Seeks to Strengthen a Crippled Patent System

In a telephone interview, Rep. Stivers noted that, while the AIA was intended as legislation that would make the patent system more efficient, the resulting differences in …
By Steve Brachmann
2 years ago 21

Lack of Signature on Assignment Declaration Nixes Standing for Patent Co-Owners

In its decision, the Federal Circuit upheld a lower court’s ruling that Advanced Video did not have standing to sue for patent infringement after it was …
By Steve Brachmann
2 years ago 1

Split CAFC Panel Says ‘Will Assign’ Provision of Employment Agreement Insufficient for Standing

In 2011, Advanced Video filed suit against HTC for patent infringement in the Southern District of New York. The district court dismissed the suit for lack of standing, …

PETA, photographer settle copyright ownership of monkey selfie

A complaint was filed in the Northern District of California on behalf of Naruto, at the time a six-year-old crested macaque residing in the Tangkoko Reserve located …
By Steve Brachmann
3 years ago 3