Post-PTO Trials: Party must Prove Injury-in-Fact for Appellate Standing
Patent – Patently-O 2017-01-11
Summary:
Phigenix v. ImmunoGen (Fed. Cir. 2017) In this case, the patentee ImmunoGen won its case before the Patent Trial & Appeal Board (PTAB) with a judgment that the challenged claims are not obvious. U.S. Patent No. 8,337,856 Phigenix appealed, but the court here has dismissed the case for lack of standing – holding that the challenger-appellant failed provide […]