In
Before Apple's appeal, but following the dispute at the
PTAB, the two parties reached a settlement in all litigations
involving the patents at issue. The parties executed a six-year
licensing agreement with respect to those patents. Apple maintained
its appeal from the PTAB.
The Federal Circuit held that, although Article III standing is
not required to appear before an administrative agency, an appeal
from an agency's final action to a federal court requires the
appellant to show an injury in fact. The Federal Circuit found that
there was insufficient evidence Apple suffered an injury in fact.
In so doing, the Court held that the outcome of the IPR would not