Issue Joinder on the Way Out?
As discussed some months back, the Patent Trial & Appeal Board’s (PTAB) new Precedential Opinion Panel (POP) decided its first case in Proppant Express Investments v. Oren Technologies, Case IPR2018-00914 (PTAB Mar. 13, 2019) (Paper 38) In this decision, the POP held that 35 U.S.C. § 315(c) provides discretion to allow a petitioner to be “joined” to a proceeding in which it is already a party, and provides discretion to allow joinder of new issues into an existing proceeding (here).
This practice, known as “issue joinder” is now before the Federal Circuit. And, the Court does not appear receptive to the agency’s statutory interpretation.