Competitor Lacks Standing to Appeal PTAB Decision
Written May 21, 2019
The United States Court of Appeals for the Federal Circuit on May 13, 2019, held that AVX Corp., a manufacturer of electronic components, did not have standing to challenge the Patent Trial and Appeal Board's (PTAB) decision not to invalidate a competitor’s patent. AVX Corp. v. Presidio Components, Inc., Fed. Cir., No. 2018-1106, 5/13/19.
Presidio Components Inc. owns a patent related to ceramic capacitors. Competitor AVX filed to invalidate the patent at the PTAB. The PTAB invalidated the patent in part, and AVX appealed the decision not to invalidate the entire patent. The Federal Circuit held that AVX lacked standing to appeal because it hadn’t suffered an injury in fact.