RPI/Privy Disputes Become More Complex + PLI PTAB Trials 2019

As we move into the fall season, a host of bar association programs are on the horizon from IPO, AIPLA and others.  But first, a few options for PTAB focused CLE in September. The PatensPostGrant.com webinar series returns from summer hiatus, and the longest running and most widely attended PTAB CLE program, PLI’s full-day PTAB trials program returns to NYC.
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Recalibration of RPI/Privy Perspectives Post-WiFi

Prior to the Federal Circuit’s decision in WiFi One, real-party-in-interest/privy disputes in AIA trials were the sole province of the Patent Trial & Appeal Board (PTAB). Now that the softened appeal bar allows consideration of such disputes (especially as they relate to the one year window of 315(b)), the Court is recalibrating PTAB practices in this regard.

Earlier this month, the Court issued its decision in Applications in Internet Time, LLC v. RPX Corporation. The public version of that opinion was issued yesterday, explaining that the Board was unduly narrow in its RPI analysis. This is one of the more significant decisions on PTAB practice this year and will very likely reinvigorate RPI/privy disputes at the Board.
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