PTAB RPI

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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

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…

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.
Continue Reading September PTAB CLE

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