A couple of years ago, in
Amerigen Pharmaceuticals Ltd. v. UCB Pharma
GmbH, 913 F.3d 1076, 1082 (Fed. Cir. 2019), the Federal
Circuit acknowledged its jurisdiction to decide appeals of the
Board s final written decisions in AIA trials, but explained
that an appellant (AIA Trial petitioner) must demonstrate it has
standing. Quoting from the Supreme Court s decision in
Spokeo, Inc. v. Robins, 136 S. Ct.
1540, 1547 (2016), the court explained the appellant must
demonstrate, among other things, that it has suffered an
injury in fact.
Amerigen, 913 F.3d at
1082–83. The court more recently explained that the appellant
who claims injury by the Board s decision need not face a