Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, LLC: United States Court of Appeals of the Federal Circuit, 2023 85 F.4th 1377

In this appeal from an inter partes review final written decision which upheld the validity of the challenged claims, the Federal Circuit dismissed based on its conclusion that the petitioner had failed to establish an injury in fact sufficient to confer standing to appeal. The court rejected the petitioner's assertion that it had standing to appeal the Board's decision based on (1) its potential infringement liability and (2) the Board's priority determination. As to the first basis, the court concluded that the petitioner had failed to establish that it had any nonspeculative, concrete plans for future activity that would create a substantial risk of future infringement. As to the second, the court concluded that the petitioner had failed to establish that the Board's determination will have a preclusive effect on the scope of the petitioner's pending patent application.