Competitor Status Didn’t Justify Review of Patent Board Decision

May 13, 2019, 7:08 PM

A company can’t challenge a Patent Trial and Appeal Board decision not to invalidate a patent just because it’s a competitor of the patent owner, the Federal Circuit said May 13.

AVX Corp. may have had standing if it was using Presidio Components Inc.'s patented features or “nonspeculatively” planning to do so. But it didn’t have standing simply as a competitor, the court said.

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 ...

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