Settlement Removes Standing to Appeal PTAB Decisions

The Federal Circuit dismisses appeals from PTAB decisions following a voluntary settlement, without vacating the decisions

On November 10, 2021, the Federal Circuit dismissed Apple’s appeal of unfavorable decisions from the Patent Trial and Appeal Board (PTAB) finding a lack of standing to appeal. The decision followed in the wake of an earlier decision that similarly dismissed Apple’s appeal following a voluntarily settlement with Qualcomm Inc. Apple’s request for the PTAB decisions to be vacated was also denied due to the voluntary settlement. Judge Newman, in dissent, felt that the appeal should not have been dismissed and stated that “a licensee always has standing to challenge validity of the licensed patent.”