The United States Law Week

GE Asks High Court to Allow Rival Standing for Patent Appeals

Feb. 14, 2020, 7:42 PM

A Federal Circuit rule on when competitors can challenge adverse patent rulings “creates an asymmetry that favors invalid patents” and needs to be corrected by the U.S. Supreme Court, General Electric Co. said in a petition for review.

The appeals court held in July that GE’s status as a competitor to patent owner United Technologies Corp. wasn’t sufficient to establish standing to appeal a Patent and Trademark Office tribunal’s decision. It found GE’s argument that it suffered a competitive injury too speculative.

A party that unsuccessfully challenges a patent before the Patent Trial and Appeals Board doesn’t have standing unless...

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