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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...
Federal Circuit’s Applications in Internet Time Decision Applied

Federal Circuit’s Applications in Internet Time Decision Applied

by Matthew Johnson | Oct 8, 2020 | Real Party in Interest

By Matt Johnson – Throughout the Patent Trial and Appeal Board’s (“PTAB”) history, patent owners have tried to leverage a petitioner’s alleged failure to name all real parties-in-interest (“RPIs”) as a way to achieve denial of an inter partes review (“IPR”)...
PTAB Bar Association Law Journal: Post-AIT Review of Real Party in Interest Decisions

PTAB Bar Association Law Journal: Post-AIT Review of Real Party in Interest Decisions

by Matthew Johnson | Jun 29, 2020 | Real Party in Interest

By Steph Brooker, Robby Breetz, Matt Johnson, and Tom Ritchie – Throughout the Patent Trial and Appeal Board’s (“PTAB”) history, patent owners have tried to leverage a petitioner’s alleged failure to name all real parties-in-interest (“RPIs”) as a way to achieve...
PTAB Focuses on IPR Control to Determine RPI

PTAB Focuses on IPR Control to Determine RPI

by Marc S. Blackman | Mar 21, 2020 | Real Party in Interest

By Marc Blackman – In three related final written decisions, the PTAB ruled that Bayer Healthcare (“Bayer”) was not a real party in interest (“RPI”) to IPR petitions filed by NOF Corporation, even though Bayer had a business relationship with NOF and stood to...
Don’t Wait Too Late to Assert the § 315(b) Time-Bar

Don’t Wait Too Late to Assert the § 315(b) Time-Bar

by Matthew Johnson | Mar 11, 2020 | Federal Circuit Appeal, Real Party in Interest, Time Limits

By Cathy Chin Eng and Matt Johnson – In two related decisions, the Federal Circuit held that the Patent Owner, Acoustic Technology, Inc. (“Acoustic”) waived its time-bar challenges under 35 U.S.C. § 315(b) (“Section 315(b)”) by failing to assert them in the IPR...
Control of IPR Petition Remains Primary Factor in RPI Determination

Control of IPR Petition Remains Primary Factor in RPI Determination

by Matthew Johnson | Jan 28, 2020 | Federal Circuit Appeal, Real Party in Interest

By Robby Breetz and Matt Johnson Determining the Real Party-in-Interest (“RPI”) in an IPR can have critical implications for estoppel.  A patent owner can prevent institution of an IPR by showing that an RPI has previously “filed a civil action challenging the...
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