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ARTICLE · 06 SEPTEMBER 2017

USPTO Intervenor Standing In PTAB Appeals

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Some weeks back in Knowles Electronics v. Matal, the Federal Circuit, sua sponte, asked the following of the parties

United StatesIntellectual Property
Scott A. McKeown
Scott A. McKeown
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USPTO Explains Intervenor Standing

Some weeks back in Knowles Electronics v. Matal, the Federal Circuit, sua sponte, asked the following of the parties (order here):

When the prevailing party in an inter partes reexamination proceeding before the USPTO's Patent Trial and Appeal Board ("Board") declines to appear before this court to defend the decision below, is the USPTO's Director required to possess Article III standing in order to intervene?

If yes, does the Director possess such standing in this appeal?

Additionally, if the Director does in fact possess standing; must the Director defend the Board's decision? Alternatively, what are the ramifications if the Director declines to defend the Board's decision?

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