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IPO Daily News™

Wednesday, 11 January 2017 1:59 pm

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** IPR PETITIONER LACKED STANDING TO APPEAL USPTO DECISION UPHOLDING PATENT CLAIMS

Phigenix, Inc. v. ImmunoGen, Inc. 2016-1544 — On Monday in an opinion by Judge WALLACH, the Federal Circuit dismissed Phigenix’s appeal from a USPTO inter partes review (IPR) decision upholding ImmunoGen’s patent claims related to methods for treating cancer using certain antibody-maytansinoid conjugates. Phigenix alleged that it suffered an economic injury because ImmunoGen’s patent increased competition and encumbered Phigenix’s licensing efforts. Phigenix also alleged an injury in fact based the estoppel provisions of Patent Act section 315, which would prevent Phigenix in future proceedings from raising any ground that it raised or reasonably could have raised during the IPR.

Phigenix lacked standing for the appeal. The Federal Circuit explained that an appellant seeking review of an agency’s final decision in federal court must supply proof of actual or imminent injury in fact. Allegations about increased competition and licensing efforts were insufficient. The court rejected Phigenix’s argument regarding estoppel under section 315 because Phigenix was not engaged in activity that would give rise to a possible infringement suit by ImmunoGen.
(1 to 4 stars rate impact of opinion on patent & trademark law)

IP IN THE MASS MEDIA

Judge Orders NPE’s Law Firm to Pay Defendant’s Attorney Fees

Last week ComputerWorld reported that a federal judge recently ordered a “non-practicing entity’s” law firm to pay an accused infringer’s nearly $500,000 in attorney fees.

Ugg’s Parent Company Sues H&M on Boot Design

On Monday The Fashion Law blog reported that Deckers, Ugg Australia’s parent company, sued H&M for trade dress and design patent infringement, claiming that the fast fashion retailer is manufacturing boots that copy the button design of Ugg’s “Bailey Button” boot.