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Personal Audio, LLC v. Electronic Frontier Foundation

Article III Standing Requirements Apply to Appellants from PTAB, But Not Appellees

Personal Audio, LLC v. Electronic Frontier Foundation, (Fed. Cir. Aug. 7, 2017) (NEWMAN, Clevenger, O’Malley) (PTAB) (3 of 5 stars)

Fed Cir affirms IPR anticipation/obviousness determination. EFF had standing to participate in the appeal. Although Consumer Watchdog, 753 F.3d 1258 (Fed. Cir. 2014), held that a PTAB petitioner who did not meet the Article III case-or-controversy requirement lacked standing to initiate an IPRx appeal, in this case EFF was the appellee—not the appellant. Because it was not EFF who was invoking judicial review, there was no constitutional exclusion against EFF appearing in court to defend the PTAB’s decision.

The remainder of the opinion is fact-specific. The PTAB correctly construed the claims, and substantial evidence supported its obviousness and anticipation determinations.

KEYWORDS: STANDING; CASE-OR-CONTROVERSY; INTER PARTES REVIEW; ANTICIPATION (YES); OBVIOUSNESS (YES)