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June 28, 2020


Please correct me if I am wrong, but I seem to be reading into this article a sense that Article III standing is 'getting in the way' of the 'full force' of why Congress enacted IPRs (and thus, this type of 'reading' should be changed).

I would rebut this type of take-away though with the ultimate of simple axioms: Article III standing exists for a reason, and is not to be disbanded merely because some 'Ends' may present a desirable condition.

Another Fed. Cir. decision that direct competition in the same product line, per se, is insufficient for Article III standing for a Petitioner to appeal an IPR administrative tribunal decision would seem ripe for a Sup. Ct. cert petition?

Mr. Morgan,

On what legal basis would you wish to have a type of 'per se' Article III harm?

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