Director Pauline M. Pelletier was quoted in the article “Companies ‘Doing Backflips’ at Top Patent Court Seek SCOTUS Help,” published by Managing IP.

The Federal Circuit’s Article III standing requirements mean that in order for parties to appeal decisions from the PTAB, they must admit significant risk of infringement. “This has really become a fundamentally fact-driven question…And because fact-dependent questions don’t give parties in the real world as much certainty as they would probably like, this is one of those issues where the law will continue to develop on a case-by-case basis,” she said.