In Law360 Column, Jeremiah Helm and Sean Murray Discuss Recent Fed. Circ. Decision on Factual Support and Appellate Standing

Partners Jeremiah Helm and Sean Murray analyzed the recent decision in Allgenesis Biotherapeutics Inc. v. Cloud Break Therapeutics in the latest installment of Knobbe Martens’ Law360 series on noteworthy Federal Circuit opinions.

In examining the case, which covered “the necessary requirements for standing for a patent challenger in an appeal for an inter partes review at the U.S. Patent and Trademark Office,” Helm and Murray share two key takeaways.

First, the authors maintain that the Allgenesis decision highlights the risk of challenging a patent too early because this could ultimately prevent the petitioner from appealing an unfavorable decision. Second, according to Helm and Murray, the decision demonstrates the importance of choosing the most advantageous facts when establishing standing based on an early-stage product. In the authors’ words, “a clear declaration with specific facts supporting the continued developmental activities will be particularly important to establish a sufficiently concrete injury for such future products.”

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