Addressing the issue of Article III standing in an appeal of an
inter partes review (IPR) decision, the US Court of
Appeals for the Federal Circuit dismissed the appeal because the
party appealing failed to establish an injury sufficient to confer
standing. Argentum Pharms. LLC v. Novartis Pharms. Corp.,
Case No. 18-2273 (Fed. Cir. Apr. 23, 2020) (Moore, J.).
Apotex filed an IPR petition of a patent owned by Novartis. The
Patent Trial and Appeal Board (PTAB) instituted proceedings and
granted Sun (and related entities), Teva, Actavis and
Argentum's (collectively, Petitioners) requests for joinder
under 35 U.S.C. § 315(c). After PTAB concluded that
Petitioners did not demonstrate unpatentability of the patent
claims, Petitioners appealed.
