Interactions During Preliminary Proceeding Can Doom PTAB Filing
Since last summer’s decisions in Applications in Internet Time, LLC v. RPX Corp., and Worlds Inc. v. Bungie, Inc., the Patent Trial & Appeal Board (PTAB) has seen RPI/privity disputes spring back to the fore. The renewed scrutiny presents challenges for petitioners participating in joint defense groups or those obligated under indemnification agreements.
A precedential decision issued today by the Federal Circuit highlights the danger of new RPI and privy interactions post-petition filing. Continue Reading Post-filing Conduct Impacts PTAB RPI/Privity Determinations