June 13, 2019 / 2:05 PM / 5 days ago

SCOTUS petitions challenge Fed Circuit’s sticky standing issue on AIA appeals

The U.S. Court of Appeals for the Federal Circuit has essentially rewritten the America Invents Act by gutting the appellate rights that Congress expressly authorized in the patent-reform law, according to two petitions for review the Supreme Court is scheduled to review on Thursday.

San Francisco-based RPX Corp and JTEKT, a Japanese manufacturer of automotive components, say that the Federal Circuit is ignoring the language of the 2011 patent-reform law as well as its purpose and history by denying appeals from the administrative Patent Trial Appeal Board unless they will affect a current or imminent lawsuit for patent infringement.

To read the full story on WestlawNext Practitioner Insights, click here: bit.ly/2RiZhuc

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