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Customer/Manufacturer Relationship Insufficient To Bar

Customer/Manufacturer Relationship Insufficient To Bar

by Matthew Johnson | Aug 16, 2023 | PTAB News, Real Party in Interest, Time Limits

By Alexandra Boeriu,* Hannah Mehrle and Matt Johnson – Recently, the PTAB held that Samsung Electronics Co. Ltd. (“Petitioner”), met its burden in showing that a third party (the “Third Party”) was neither a real party-in-interest (“RPI”) nor in privity with...
Director Demonstrates Ability to Review Non-Dispositive PTAB Determinations

Director Demonstrates Ability to Review Non-Dispositive PTAB Determinations

by Josh Nightingale | Jul 28, 2023 | PTAB News, Real Party in Interest

By Ashvi Patel, Adam J. Cook,* and Josh Nightingale – On May 16, 2023, Director Katherine Vidal vacated a portion of a final written decision regarding real parties in interest (“RPIs”) in Unified Patents, LLC v. Memory Web, LLC, IPR2021-01413.  Director Vidal...
Director Review Orders Additional Discovery On Time Bar-RPI Issue

Director Review Orders Additional Discovery On Time Bar-RPI Issue

by Matthew Johnson | Mar 10, 2023 | Discovery, Real Party in Interest

By Jesse Wynn, Robert Breetz, Matt Johnson – In Samsung Electronics Co., Ltd. v. Netlist, Inc., the PTAB determined that a time-barred third party was not a real party in interest (“RPI”) and granted institution. IPR2022-00615, Paper 20 (Oct. 19, 2022) at 19...
PTAB Declines To Consider Substance Of RPI Complaint

PTAB Declines To Consider Substance Of RPI Complaint

by David Maiorana | Nov 16, 2022 | PTAB News, PTAB Trial Basics, Real Party in Interest, Uncategorized

By David Linden and Dave Maiorana – On May 27, 2022, Unified Patents, LLC (“Unified”) filed a Petition requesting inter partes review (“IPR”) of claims 1-3 and 5-25 of U.S. Patent No. 7,321,777 (“the ’777 Patent”), assigned to Speir Technologies Ltd. (“Speir”). ...
Appeal of IPR Termination Dismissed by Split Federal Circuit Panel

Appeal of IPR Termination Dismissed by Split Federal Circuit Panel

by Carl Kukkonen | May 23, 2022 | Federal Circuit Appeal, Real Party in Interest

By Carl Kukkonen – The Federal Circuit, in Atlanta Gas Light Co. v. Bennett Regul. Guards, Inc., 21-1759, in an opinion by Judge STOLL, dismissed Atlanta Gas’s appeal for lack of jurisdiction. In this case, Atlanta Gas filed an IPR which was instituted and...
RPI: Not Quite a Jurisdictional Requirement

RPI: Not Quite a Jurisdictional Requirement

by Matthew Johnson | Mar 2, 2022 | Real Party in Interest, Time Limits

By Mike Lavine, Matt Chung, and Matt Johnson – Recently, the Patent Trial and Appeals Board (PTAB) declined to terminate an inter partes review (IPR) proceeding despite the Petitioner’s alleged failure to identify all the real parties-in-interest (RPIs). Unified...
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