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The Federal Circuit Provides New Guidance for Patent Licensees Wishing to Challenge the Licensed Patent’s Validity

The Federal Circuit in Apple Inc. v. Qualcomm Incorporated handed down a decision on April 7, 2021 that provides guidance on the determination of standing for patent licensees who wish to contest the validity of a patent or patents in a licensed portfolio. The decision also provides further guidance to petitioners seeking appellate review after an unsuccessful validity challenge before the Patent Trial and Appeal Board (PTAB).

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