Precedential: Time-Barred Copycat Petitions Only In Exceptional Circumstances

by | Feb 16, 2026 | Joinder, PTAB Trial Basics, Trial Institution

By Sue Gerber and Matt Johnson –

The PTAB’s recently designated precedential decision in Realtek Semiconductor Corp., v. ParkerVision, Inc., Nos. IPR2025-00324 and IPR2025-00325, Paper No. 11 (June 25, 2025), makes clear that an otherwise time-barred petition will be allowed to join a pending instituted PTAB proceeding “only in exceptional circumstances.”  In this case, Petitioners Texas Instruments and NXP (via copycat petition) had challenged a patent owned by ParkerVision, and the PTAB had instituted review on December 19, 2024.  See IPR2024-00935.

On December 24 225, Realtek filed a copycat petition and sought to join the pending Texas Instruments/NXP proceedings.  IPR2025-00324 and IPR2025-00325.  ParkerVision moved for discretionary denial of Realtek’s petition and motion for joinder.  The PTAB first noted that although RealTek’s petition was time barred, “§ 315(b) permits time-barred parties to file a petition when seeking joinder under § 315(c).”  Realtek, Paper No. 11 at 3.  The PTAB then considered whether, as a matter of fairness and discretion, Realtek should be permitted to proceed.  Id.  It concluded that it would not be fair to allow Realtek to proceed, and moreover, stated that “[p]etitions filed by time-barred parties should proceed only in exceptional circumstances.”  Id.  The PTAB denied institution for Realtek’s petitions.  Id.

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Matthew Johnson

Partner at Jones Day
Matt Johnson is one of the Firm's primary contacts on practice before the PTAB. Currently co-chairing the Firm's PTAB subpractice and involved in proceedings at the Board since the first day of their availability in September 2012, Matt regularly represents clients as both petitioners and patent owners at the Board. He further works as an advocate for clients in appeals from Board proceedings at the Federal Circuit.