PTAB/TTAB Committe presents: “Last Party Standing: Who Has Standing to Appeal Administrative Decisions to the Federal Circuit?”
Moderator
Russell E. Cass, Member, Clark Hill PLC
Panelists
Jonathan Stroud, Chief Intellectual Property Counsel, Unified Patents Inc.
Matthew Dowd, Founder, Dowd PLLC
Saurabh Vishnubhakat, Associate Professor of Law, Texas A&M University
The 2011 America Invents Act allows anyone to challenge a patent in a post-grant proceeding before the PTAB, but this broad grant has created Article III standing issues when appealing PTAB final written decisions to the Federal Circuit. The court has resolved some standing issues in recent cases, but many questions remain unanswered. This expert panel will review the law governing Article III standing as applied to appeals from the PTAB, highlight unresolved issues, and discuss advantages and disadvantages to differing approaches to standing requirements for patent challenges.