Today in Phigenix, Inc. v. Immunogen, Inc., __ F.3d __(Fed. Cir. 2017)(Wallach, J.), in a case where Phigenix had unsuccessfully challenged a validity holding in a PTO Inter Partes Review, the patent challenger’s appeal to the Federal Circuit was dismissed for lack of standing:
“[T]he Supreme Court has recognized that not every party will have Article III standing in an appeal from a PTAB final written decision. See Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 2131, 2143–44 (2016) (explaining that, although a party that initiated an inter partes review ‘need not have a concrete stake in the outcome,’ it ‘may lack constitutional standing’ to sue in federal court).”
A marked copy of the opinion is attached.