September Webinar to Focus on RPI/Privy Issues

The September edition of the PatentsPostGrant.com webinar series will be held this Wednesday September 18th@ 2-3PM (EST). The September program is entitled Avoiding PTAB Pitfalls: Indemnification & Joint/Common Interest Agreements.

The webinar will explore the increasing complexities of real party in interest (RPI) and privity determinations before

Mere Existence of JDG Found to be Enough

It can be an uphill battle to secure additional discovery at the Patent Trial & Appeal Board (PTAB) given the “interests of justice” standard of IPR proceedings. For this reason, Patent Owners seeking discovery on petitioner relationships — to discover unnamed parties in RPI/privity disputes — are frequently turned away absent “smoking gun” evidence of such a relationship.

However, a recent decision of the Board appears to take a far more liberal view of multi-defendant relationships where a Joint Defense Group (JDG) is known to exist.
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