"US Inventor and National Small Business United had filed a rulemaking petition in August 2020 proposing amendments to 37 C.F.R. sections 42.108 and 42.208 that would prohibit institution of IPR or PGR proceedings if the patent owner objected and met certain criteria, including being a small or micro entity who was the original patent applicant and had actually reduced the challenged claims to practice."
"Associational Standing Requirements Organizations can assert "associational standing" to sue on behalf of their members if three requirements are met: (1) at least one member would have standing to sue in their own right; (2) the interests at stake are germane to the organization's purpose; and (3) neither the claim nor the relief requires participation of individual members. Only the first element was contested in this appeal"
"Their lawsuit was dismissed by the district court and the appellate panel has affirmed - holding that the organizations lacked Article III standing because the alleged injury to their members was too speculative, requiring a chain of contingent events largely dependent on the independent actions of third parties."
US Inventor and National Small Business United petitioned the USPTO in August 2020 to amend 37 C.F.R. §§ 42.108 and 42.208 to bar institution of IPR or PGR proceedings when a qualifying small or micro entity patent owner objected and met specific criteria. The USPTO denied the petition in October 2021, noting overlap with a separate request for comments and indicating the suggestions could be considered in future rulemaking. The organizations sued under the Administrative Procedure Act; the district court dismissed for lack of standing. The Federal Circuit affirmed, applying D.C. Circuit law and finding the alleged member injury too speculative because it depended on a chain of contingent third-party actions.
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