RPX Business Dealings With Salesforce Result in RPI Snafu
Earlier this month, the PTAB issued its remand decision in RPX Corp. v. Applications In Internet Time, LLC (here). As a reminder, the Federal Circuit (pre-Thryv) instructed the PTAB to further analyze under a more “flexible approach” whether Salesforce was a real party-in-interest (RPI) to two RPX-filed IPR petitions. On remand, the Board held that Salesforce was an RPI, and that the petitions at issue were therefore time-barred under § 315(b).
The outcome is hardly surprising given the bad facts of RPX, but has anything really changed for RPI/privy analyses?
Continue Reading PTAB Bounces RPX on Unique RPI Relationships