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...
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...
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. §...
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...
by Emily Tait | Jun 18, 2019 | PTAB News, Real Party in Interest
By Emily Tait – The Patent Trial and Appeal Board (“PTAB”) recently issued a Final Written Decision in Apple Inc. v. Uniloc Luxembourg, S.A., Case IPR2018-00282 (June 4, 2019) (Paper 30), rejecting Uniloc’s argument that Unified Patents (“Unified”) is a real...
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...
