Rabicoff Law | Resolving your IP disputes.
  • Firm
  • The Difference
  • Practices
  • Attorneys
  • News
  • Contact

Federal Circuit clarifies injury-in-fact requirement for standing after PTAB proceedings

6/9/2017

 
Picture
Recently, the Federal Circuit clarified the injury in fact element necessary to show standing under Article III in Phigenix v. ImmunoGen, No. 2016-1544, 2017 U.S. App. LEXIS 323 (Fed. Cir. 2017). 

Generally, courts have “an obligation to assure [themselves] of litigants’ standing under Article III . . . including when a party appeals from a final agency action.”  In order to bring a case in federal court, parties must meet the three elements for standing: 1) the [appellant] suffered an injury in fact, 2) that is fairly traceable to the challenged conduct of the [appellee] and 3) that is likely to be redressed by a favorable judicial decision. Specifically, the first element, injury in fact, requires an appellant to have an injury that  actually exists or will imminently cause harm.

While Article III standing is not necessary to appear before an administrative agency such as the Patent Trial and Appeal Board (“PTAB”) under 35 U.S.C. § 6(a), appellants must have an injury in fact when seeking review of an agency’s final action in federal court. 

Download a reprint of the full article below. Originally Published in the ISBA IP Newsletter, June 2017, Vol 56 No. 5.
ISBA IP Newsletter Article reprint
File Size: 81 kb
File Type: pdf
Download File


Comments are closed.

    Archives

    January 2018
    June 2017
    March 2017
    February 2017
    January 2017
    November 2016

    Categories

    All
    Rabicoff Law News

    RSS Feed

Location

Call

773.669.4590

directions

Connect

© 2023 Rabicoff Law LLC
These materials may be considered advertising for legal services. Prior results do not guarantee a similar outcome.
  • Firm
  • The Difference
  • Practices
  • Attorneys
  • News
  • Contact