News & Analysis as of

Article III Intellectual Property Litigation Appeals

Sheppard Mullin Richter & Hampton LLP

Navigating Shockwave Medical: Applicant Admitted Prior Art, Standing, and Obviousness

This Federal Circuit opinion analyzes various key issues in patent litigation, including the role of applicant admitted prior art (“AAPA”), standing, and obviousness. Background - Shockwave Medical, Inc. (“Shockwave”)...more

McDermott Will & Schulte

Royal Play Penalty: No Standing in the End (Zone)

The US Court of Appeals for the Federal Circuit dismissed an appeal from the Trademark Trial & Appeal Board, finding that the appellant lacked standing because it failed to allege any actual and particularized injury. Michael...more

McDermott Will & Schulte

Blurred Vision: Appeal Dismissed for Lack of Standing

The US Court of Appeals for the Federal Circuit dismissed a patent challenger’s appeal in an inter partes review (IPR) because the challenger could not meet the injury-in-fact requirement for Article III standing. Platinum...more

McDermott Will & Schulte

Sour Grapes: Winery Minority Ownership Insufficient for Statutory Standing at Trademark Board

The US Court of Appeals for the Federal Circuit affirmed the dismissal of a petition seeking to cancel the registered marks of two wineries, finding the petitioner (a trust owning an interest in a competitor winery) lacked...more

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