While parties that are in an IPR do not require standing, the option to appeal the decision and sue in federal court rather than at the USPTO typically requires Article III standing. However, as of the recent decision in Mylan Pharms. Inc. v. Research Corp. Techs., the Court held that any party has a right to appeal the Board’s decision in an IPR, and that the statute includes any joined parties.
Section 319 states that a “party dissatisfied with the final written decision” of the Board “may appeal the decision pursuant to sections 141 through 144. Any party to the inter partes review shall have the right to be a party to the appeal.”
