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Intellectual PropertyFeaturesConstitutional LawLitigationPatent LitigationThe Intellectual Property Strategist

Further Guidance On Article III Standing To Appeal PTAB Decisions Coming Soon

By Lewis R. Clayton and Eric Alan Stone

To sue in federal court, a plaintiff must meet the standing requirements of the Case or Controversy Clause of Article III of the Constitution. Foremost among these requirements is that the plaintiff must have suffered an injury in fact. This constitutional minimum requirement applies not only when one private party sues another but also when a private party seeks appellate-court review of a final administrative agency action, including, as relevant here, appeals from decisions of the Patent Trial and Appeal Board (PTAB).

A challenger need not, however, suffer injury in fact in order to challenge the validity of a patent before the PTAB itself.

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