Federal Circuit Touches on Appellate Standing and Prior Art Determinations in the Context of Post-Grant Review Proceedings
Briefly

from Intellectual Property Law Blog2 weeks ago
In CQV Co. Ltd. v. Merck Patent GmbH, the Federal Circuit clarified that CQV had sufficient Article III standing to appeal a Patent Trial and Appeal Board decision concerning Merck's '861 Patent. This decision underscored the need to evaluate all relevant evidence when determining prior art status. CQV's appeal arose after the Board failed to consider critical evidence relating to an earlier version of Merck's product. The ruling emphasizes the balance between legal standing and substantive evaluation of patent rights.
In assessing CQV's standing to appeal, the court concluded that CQV's interests in the ongoing proceedings regarding Merck's patent provided the necessary demonstration of injury, fulfilling Article III requirements.
Intellectual Property Law Bloghttps://www.intellectualpropertylawblog.com/archives/federal-circuit-touches-on-appellate-standing-and-prior-art-determinations-in-the-context-of-post-grant-review-proceedings/
The Federal Circuit emphasized the importance of considering all relevant evidence in determining the prior art status of the Sample C, noting that neglecting significant data could compromise the outcome of patent evaluations.
Intellectual Property Law Bloghttps://www.intellectualpropertylawblog.com/archives/federal-circuit-touches-on-appellate-standing-and-prior-art-determinations-in-the-context-of-post-grant-review-proceedings/
Read at Intellectual Property Law Blog
#patent-law #indemnification-agreements #post-grant-review #federal-circuit #prior-art
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