by Tom Ritchie | Jun 25, 2025 | Federal Circuit, PTAB News, Real Party in Interest
By Em Towers and Tom Ritchie – Apple Inc., et. al v. Gesture Technology Partners, LLC (March 4, 2025) (Moore (Chief Judge), Prost and Stoll) (on appeal from the Patent Trial and Appeal Board) [WAIVER; OBVIOUSNESS] The Federal Circuit affirmed the PTAB’s Final...
by David Maiorana | Sep 13, 2024 | Prior Art Issues, PTAB Trial Basics, Real Party in Interest, Trial Institution
By David Linden and Dave Maiorana – On December 1, 2023, Intelligent Wellhead Systems, Inc. (“Intelligent”) filed a petition for inter partes review (“IPR”) of U.S. Patent No. 11,401,779 (“the ’779 Patent”) (“IPR256”), assigned to Downing Wellhead Equipment, LLC...
by Matthew Johnson | Oct 27, 2023 | PTAB News, PTAB Trial Basics, Real Party in Interest
By Sue Gerber and Matt Johnson – The PTAB requires that all petitioners in IPR and PGR proceedings disclose the real party(ies)-in-interest. While that might seem like a mere formality, a false disclosure can lead to very harsh consequences. In a recent...
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...
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...
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...