12
Jan
On January 9, 2017, the U.S. Court of Appeals for the Federal Circuit issued a decision in Phigenix, Inc. v. Immunogen, Inc.1 dismissing an appeal by a petitioner from the Patent Trial and Appeal Board (PTAB) for lack of standing. The court held that a petitioner must be able to prove a case or controversy in its opening brief to establish its right to be heard on appeal.
Background
In 2011, Congress created new processes for challenging the patentability of patent...