The Federal Circuit in
Apple Inc. v. Qualcomm Incorporated
handed down a decision on April 7, 2021 that provides guidance on
the determination of standing for patent licensees who wish to
contest the validity of a patent or patents in a licensed
portfolio. The decision also provides further guidance to
petitioners seeking appellate review after an unsuccessful validity
challenge before the Patent Trial and Appeal Board (PTAB).
More specifically, the recent decision by the Federal Circuit
reaffirms the requirement that a patent licensee show a specific
ascertainable injury in fact associated with the challenged patent
in order to have standing to raise a validity challenge in an
The Federal Circuit in Apple Inc. v. Qualcomm Incorporated handed down a decision on April 7, 2021 that provides guidance on the determination of standing for patent licensees who wish.