In Platinum Optics Tech. Inc. v. Viavi Sols. Inc., the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision on the requirements for standing to appeal from an inter partes review (IPR) final written decision of the Patent Trial and Appeal Board (PTAB).  The appellate decision, authored by Judge Cecchi, District Judge, United States District Court for the District of New Jersey, sitting by designation, dismissed the appeal of Platinum Optics Technology, Inc. (PTOT), a Taiwanese optical filter manufacturer, for lack of standing.  The CAFC held that PTOT failed to show an injury in fact that was concrete, particularized, and imminent, as required by the Constitution and the case law.

In Platinum Optics Tech. Inc. v. Viavi Sols. Inc., the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision on the requirements for standing to appeal from an inter partes review (IPR) final written decision of the Patent Trial and Appeal Board (PTAB). The appellate decision, authored by Judge Cecchi, District Judge, United States District Court for the District of New Jersey, sitting by designation, dismissed the appeal of Platinum Optics Technology, Inc. (PTOT), a Taiwanese optical filter manufacturer, for lack of standing. The CAFC held that PTOT failed to show an injury in fact that was concrete, particularized, and imminent, as required by the Constitution and the case law.

On November 17, 2023, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion affirming the decision of the Patent Trial and Appeal Board (“Board”) finding unpatentable the challenged claims of a patent directed to methods for making semiconductor devices. Bell Semiconductor LLC v. Advanced Semiconductor Eng’g, Inc., __ F.4th __ (Fed. Cir. Nov. 17, 2023).