Federal Circuit Dismisses Appeal By IPR Petitioner For Lack Of Article III Standing Due To Insufficient Evidence Of Injury To Petitioner Arising From Challenged Patent
by Christopher E. Loh
January 9, 2017
The Court of Appeals for the Federal Circuit today held that, in order to appeal a final decision from an inter partes review (IPR) proceeding, an IPR petitioner must prove Article III standing, including an injury in fact—and moreover must do so by a burden of proof equal to that required for a summary judgment motion in a federal district court.
has extensive experience counseling clients and litigating matters involving biotechnology and life sciences, including in the areas of antibody biosimilars, targeted cancer therapies, diabetes treatments and siRNA technologies. Christopher has a B.S. in Molecular Biochemistry and Biophysics and in Economics from Yale University.