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Joinder Denied For Petitioner Whose Invalidity Case Was Dismissed With Prejudice

Joinder Denied For Petitioner Whose Invalidity Case Was Dismissed With Prejudice

by Matthew Johnson | Mar 30, 2022 | Joinder, PTAB News

By Sue Gerber and Matt Johnson – In the PTAB’s recent decision in Code 200 v. Bright Data Ltd., IPR2021-01503, Paper No. 13 (PTAB Mar. 14, 2022), the PTAB expounded upon the circumstances in which joinder of a “me-too” case under § 315(b) was not warranted.  In...
PTAB Designates RPI, Follow-On Petition Cases Precedential

PTAB Designates RPI, Follow-On Petition Cases Precedential

by Matthew Johnson | Dec 7, 2020 | Joinder, PTAB News, Real Party in Interest

On December 4th, the PTAB designated the following three cases precedential: RPX Corp. v. Applications in Internet Time, LLC, IPR2015-01750, Paper 128 (Oct. 2, 2020) (precedential) This decision on remand from the Federal Circuit holds that the petitioner was...
Joinder Bid After Prior Petition Denial Fails

Joinder Bid After Prior Petition Denial Fails

by Matthew Johnson | Nov 5, 2020 | Joinder, PTAB News

By Matt Johnson – After being sued by Uniloc in April 2018 for infringement of U.S. Patent No. 6,467,088 (“Reconfiguration Manager for Controlling Upgrades of Electronic Devices”), Apple challenged claims 1-21 of that patent at the PTAB in October of that year...
The Federal Circuit Closes The (Face)Book On “Same-Party” IPR Joinder

The Federal Circuit Closes The (Face)Book On “Same-Party” IPR Joinder

by David Maiorana | Mar 23, 2020 | Federal Circuit Appeal, Joinder

By Dave Maiorana – The Federal Circuit has definitively ruled on the PTAB’s practice of allowing so-called “same-party” IPR joinder.  The court held that an IPR petitioner cannot join itself as a party to an existing IPR and cannot add new arguments or issues...
Should You File A “Copycat” IPR Petition?

Should You File A “Copycat” IPR Petition?

by Matthew Johnson | Sep 16, 2019 | Joinder, Trial Institution

By Alex Li and Matt Johnson If you don’t have new grounds to add, you may as well copycat. On September 4, 2019, the PTAB denied Microsoft’s petition requesting inter partes review (“IPR”) of U.S. Patent No. 7,167,487 (“the ’487 patent”); furthermore, the panel also...
Trial Practice Guide Updates – Discovery, Testimony, Motions to Amend, and Joinder

Trial Practice Guide Updates – Discovery, Testimony, Motions to Amend, and Joinder

by Matthew Johnson | Jul 25, 2019 | Amendment Practice, Discovery, Joinder, Motions Practice, PTAB News

By Catharina Chin Eng and Matt Johnson Our prior post on the PTAB’s second update to the AIA Trial Practice Guide (TPG), published July 15, 2019, highlighted the additional guidance provided for petitions, patent owner preliminary responses and claim construction. ...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.