“As I read it, the concurrence is sending a very strong signal that the Supreme Court should weigh in on this issue and provide some guidance on standing in the administrative context,” Michelle Armond said.
“Standing is percolating up a lot,” Michelle Armond of Armond Wilson LLP said. “It's showing up in these IPR disputes, and I think the Federal Circuit is starting to pay a lot of attention to this.”
"[The Supreme Court's Helsinn decision] was an important case showing that the AIA was a big change in the law but it did not totally reinvent patent law," Michelle Armond of Armond Wilson LLP said.
Michelle Armond, founding partner at Armond Wilson LLP, said the precedential ruling creates an additional requirement not in Section 251, which addresses the reissuing of defective patents... “The Federal Circuit is establishing new legal requirements,” Armond said.
“The Federal Circuit has made it clear they’re not deciding these IPR appeals for fun, because they’re being deluged with them,” said Michelle Armond, a partner for Armond Wilson in Irvine, California, who has been following the cases as a PTAB trials and appeals specialist. The court is applying “pretty strict criteria” on standing.
Michelle Armond and Doug Wilson were internationally ranked as 2019 top patent professionals in the IAM 1000 for litigation and IPRs.