While a complainant does not need to have constitutional standing to bring a complaint in the International Trade Commission (ITC), at least one complainant must be the owner or.
The goal of most biopharmaceutical companies is to develop an FDA-approved treatment. But FDA approval takes time, money, and often the use of patented materials for developing, testing, and screening new drugs.
In ModernaTx, Inc. v. Arbutus Biopharma Corp., the Federal Circuit agreed with Arbutus that Moderna lacked standing at the time it filed its appeal, and determined that Moderna failed to demonstrate that it had standing throughout the pendency of the appeal.