by Dennis Crouch
Although non-precedential, the Federal Circuit's new decision in Sumitomo Pharma v. Vidal offers the important conclusion that a patentee has no standing to appeal an invalidity holding once the patent expires, absent some showing of likely infringement during the prior six years. Sumitomo Pharma Co. v. Vidal, No. 22-2276 (Fed. Cir. April 5, 2024). The case is not so bad for the patentee because
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