February 2017 — For Petitioner’s Without
Federal Standing IPR Decisions are Final
Phigenix, Inc. petitioned for an Inter Partes Review (“IPR”) of Immunogen,
Inc.’s patent on the ground that the claims of the patent were obvious over
the prior art. The Patent Trial and Appeal Board (“PTAB”) found that the
claims were valid as non-obvious. Phigenix then appealed the PTAB’s decision
to the Court of Appeals for the Federal Circuit (“CAFC”). The CAFC dismissed
the case, finding that Phigenix did not have federal “standing” to bring the
case before the court. Phigenix, Inc. v. Immunogen, Inc. Appeal No. 2016-1544,
13 (Fed. Cir. Jan. 9, 2017). This decision effectively means that PTAB’s IPR
decisions are final for any petitioner who does not have federal standing to sue
the patent owner.
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