On December 4th, the PTAB designated the following three cases precedential:
This decision on remand from the Federal Circuit holds that the petitioner was time-barred because the petitioner’s client was an unnamed real party-in-interest that had been served with an infringement complaint more than one year before filing the petition.
This decision instituting inter partes review holds that, while petitioners must identify any real parties-in-interest, and must do so in good faith, the Board does not need to resolve a dispute regarding a possible real party-in-interest if it would not impact the Board’s institution decision.
This decision denying institution and the petitioner’s joinder motion applies the factors set forth in General Plastic to a copycat petition that the petitioner filed against the challenged patent after its first petition was denied institution.
Latest posts by Matthew Johnson (see all)
- PTAB Declines to Exercise Discretion Post-Markman - June 16, 2021
- Awkwardly Divided Petitions Triggers § 314(a) Denials - June 8, 2021
- One Party, One Voice - May 25, 2021