Federal Circuit Finds Competitor Lacks Article III Standing To Appeal Adverse IPR Decision
On May 13, 2019, the Court of Appeals for the Federal Circuit (CAFC) issued an opinion on an appeal from a Final Written Decision in an inter partes review (IPR) proceeding before the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office. AVX Corp. v. Presidio Components, Inc., __ F.3d__ (Fed. Cir. May 13, 2019). The CAFC held that the appellant, AVX, lacked standing to appeal the decision and therefore dismissed the appeal.