Andrew Williams

Andrew Williams counsels clients in patent prosecution and patent litigation with a focus in the areas of biotechnology, pharmaceuticals and molecular diagnostics.

Recent Posts

Who Will Be Left Standing?  The Constitutional Requirements for IPR Appeals

Posted by Andrew Williams on Oct 5, 2018

Andrew Williams

As we have previously discussed, some petitioners for IPR are not able to appeal an adverse decision by the PTAB because they lack constitutional standing. Though Article III standing is not required to file an IPR petition, because it does not apply to administrative proceedings, standing is required to bring a case in Federal court—including an appeal to the Federal Circuit. Several recent decisions have further clarified this standing requirement and give good reason to continue to follow the issue.

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Topics: Patent Owners

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This blog is intended to promote thought and debate on developing areas of the law. The opinions, commentary and characterizations of cases provided on this blog are not legal advice and do not represent the opinions of Wolf Greenfield or its clients.