by Matthew Johnson | May 21, 2019 | Real Party in Interest
By Tom Ritchie and Matt Johnson In an order designated precedential, the PTAB terminated an instituted IPR proceeding after the petitioner failed to establish that no real parties in interest (“RPI”) or privies had been served with a complaint more than one year...
by Jennifer Chheda, Ph.D. | Jan 4, 2019 | Real Party in Interest, Request for Reconsideration
By Jennifer Chheda Ph.D. and John Kinton The Patent Trial and Appeal Board (“PTAB”) recently denied the request of petitioner Fasteners for Retail, Inc. (“FFR” or “petitioner”) for rehearing in connection with decisions denying the institution of inter partes review...
by Kenneth Luchesi | Dec 14, 2018 | Real Party in Interest
By Kenny Luchesi – In a recently published decision, the PTAB held that Samsung’s petition for inter partes review of a patent owned by The SEVEN Networks LLC was not time-barred under § 315(b). Samsung filed its petition less than one year after being...
by Albert Liou | Dec 11, 2018 | Discovery, Real Party in Interest
By Albert Liou – In Cavium, LLC v. Alacritech, Inc., Case IPR2018-00401 (PTAB Nov. 20, 2018) (Paper 24), the PTAB granted a Patent Owner’s motion for additional discovery relating to real party-in-interest. The split-panel decision is interesting...
by S. Christian Platt | Mar 5, 2018 | Real Party in Interest
By: Jasper L. Tran and S. Christian Platt In prior blog posts, we have commented on PTAB decisions terminating IPR proceedings due to the Petitioner’s failure to identify all real parties-in-interest. See blog posts on Sanction For Failing to Update Real Party In...
by Cary Miller | Jan 30, 2017 | 325(d) issues, Pharmaceutical, Real Party in Interest
By Kunyong Yang and Cary Miller, Ph.D. On January 19, 2017, the PTAB instituted inter partes review of U.S. Patent No. 8,822,438 (“the ’438 patent”) filed by Wockhardt Bio AG (“Wockhardt”) (IPR2016-01582). The ’438 patent is owned by Janssen Oncology, Inc....
