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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...
PTAB Declines Institution After Discovery of Unnamed Real Party in Interest

PTAB Declines Institution After Discovery of Unnamed Real Party in Interest

by David Maiorana | Nov 7, 2019 | Real Party in Interest, Trial Institution

By Robby Breetz and Dave Maiorana To institute an inter partes review (IPR), the petition requesting the proceeding must be filed within one year of the petitioner or real party in interest (RPI) receiving a complaint alleging patent infringement.  35 U.S.C. §...
Post-Filing, Pre-Institution Merger Time-Bars Inter Partes Review

Post-Filing, Pre-Institution Merger Time-Bars Inter Partes Review

by Matthew Johnson | Jun 28, 2019 | Real Party in Interest

By Jihong Lou and Matt Johnson In Power Integrations v. Semiconductor Components, the Federal Circuit ruled that privy and real-party-in-interest (RPI) relationships arising after a petition is filed but before institution may bar institution under section 315(b).  In...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.