In this edition, we examine that while post-grant trials are passing their seventh anniversary, the courts are still working out the kinks. We discuss in more detail how the U.S. Supreme Court has already provided clarification in four cases, including a recent decision holding that the federal government lacks standing to file post-grant review challenges. We also examine Article III standing as a critical prerequisite for appellate review. An appeal may proceed only if at least one appellant can demonstrate it has Article III standing. Petitioners who fail to demonstrate Article III standing not only face the prospect of the Federal Circuit refusing to provide appellate review of a final written decision, but also of being permanently prevented from attacking the validity of the challenged patent based on prior art or arguments it raised or could have raised in the inter partes review (IPR) if it is later sued for infringement. In addition, we discuss an update on PTAB’s discretionary institution denials, as well as its recently issued update to its Trial Practice Guide.

Click here to read The PTAB Review.