Any person or entity may file an IPR proceeding to invalidate a
patent, regardless of whether it faces a specific threat of
infringement. An adverse decision in an IPR proceeding is
appealable only to the Federal Circuit. However, the Federal
Circuit, as an Article III Court, is of limited jurisdiction. As a
result, questions have been raised regarding standing in IPR
appeals. A patent challenger has standing in the Federal Circuit
only when it has (1) suffered an injury in fact that is (2) fairly
traceable to the patent owner's conduct (3) for which a
favorable judicial decision is likely to afford relief. In
contrast, administrative agencies, such as the PTAB, need not
adhere to these requirements in adjudicating disputes.
