The U.S. Court of Appeals for the Federal Circuit dismissed Incyte Corp.'s appeal against Sun Pharmaceutical for lack of Article III standing, emphasizing the appellant's inability to demonstrate an injury in fact. The court's ruling followed Incyte's challenge of a patent for a hair loss treatment that allegedly infringed its interests. Judge Todd Hughes expressed concern over the rigidity of standing requirements in PTAB appeals, reflecting on the lack of injury despite Incyte's claims and potential infringement liability under the challenged patent.
"The Federal Circuit majority deciding the case found that Incyte couldn't establish a sufficient injury in fact... Judge Hughes found it 'difficult to imagine a more compelling set of facts' meeting the Supreme Court's constitutional minimum for standing."
"Incyte argued that its appeal satisfied the first of these components, an injury in fact suffered by the appellant, due to its potential infringement liability under the '659 patent..."
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