Petitioner Has Standing When Injury Is Imminent

While reversing a Patent Trial and Appeal Board (PTAB) decision that confirmed the validity of a patent, the US Court of Appeals for the Federal Circuit ruled that a post-grant review (PGR) petitioner has Article III standing to appeal a PTAB decision where the petitioner demonstrates an intent to file an abbreviated new drug application (ANDA) for the patented product at some point in the future. Altaire Pharmaceuticals, Inc. v. Paragon Bioteck, Inc., Case No. 17-1487 (Fed. Cir., May 2, 2018) (Wallach, J). The Federal Circuit also ruled that the PTAB abused its discretion by failing to assign proper weight to witness testimony corroborating technical data while determining obviousness for validity purposes.