by Matthew Johnson | Apr 6, 2022 | Joinder, PGR, Trial Institution
By Christian Roberts and Matt Johnson – Typically, a Motion for Joinder to an earlier post-grant review (“PGR”) must be filed within one month of the institution of the earlier PGR. 37 C.F.R. § 42.222(b). While the Patent Trial and Appeal Board (“PTAB”) does...
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...
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...
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...
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...
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...
