GE’s Supreme Court Appeal Plan Tests Patent Challenge Tactics

General Electric Co. is poised to ask the U.S. Supreme Court to consider when patent challengers can appeal a loss at the Patent Trial and Appeal Board, drawing attention to a question that can influence companies’ strategies for warding off infringement lawsuits.

The U.S. Court of Appeals for the Federal Circuit held GE lacked standing to appeal the administrative board’s decision to uphold claims in a rival’s jet engine patent. The 2019 ruling underscored that companies who preemptively challenge a patent before being sued may not be able to appeal an unfavorable decision by the Patent and Trademark Office tribunal. ...