Article III Standing In The Wake Of 2 Fed. Circ. Rulings

Law360, New York ( August 22, 2014, 10:04 AM EDT) -- Two recent opinions evidence the Federal Circuit's heightened interest in Article III standing requirements. First, in its June 4 decision in Consumer Watchdog v. Wisconsin Alumni Research Foundation, the Federal Circuit held that regardless of the procedural right conferred to potential appellants under the America Invents Act, Article III injury-in-fact standing requirements apply to appellants of adverse inter partes re-examination decisions. Second, in its July 1 decision in MadStad Engineering Inc. v. U.S. Patent and Trademark Office, the Federal Circuit dismissed the plaintiff's constitutional challenge to the "first-to-file" provision of the AIA for lack of standing....

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