Intellectual Property Litigation: Supreme Court and Federal Circuit May Soon Provide Further Guidance on Article III Standing to Appeal PTAB Decisions

Litigation partner Lewis Clayton’s latest intellectual property litigation column, “Supreme Court and Federal Circuit May Soon Provide Further Guidance on Article III Standing to Appeal PTAB Decisions,” appeared in the November 14 issue of the New York Law Journal. Lew reports on two pending appeals that address the question of how, if at all, a non-injured party that challenges a patent before the PTAB and loses may then demonstrate Article III standing to appeal to the federal courts from the PTAB’s decision upholding the patent’s validity. Litigation associate Michael Milea assisted in the preparation of this article.