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RPX focuses on real party in interest and the 35 U.S.C. § 315(b) time bar. Here, the Chief, Deputy Chief, and Vice Chief Judge of the Board issued the decision. In terminating and IPR, the Board noted that the Federal Circuit remanded this case after holding the petitioner was time-barred because the petitioner’s client was an unnamed real party-in-interest that had been served with an infringement complaint more than one year before filing the petition.

Introduction The authors have recently proposed alternative analyses for the discretionary denial of IPR and PGR petitions involved in parallel district court litigation, as well as for the discretionary denial of serial petitions filed before the Patent Trial and Appeal Board (“PTAB”). The PTAB is also currently at a crossroads with yet a third similar but distinct issue—the discretionary denial of parallel petitions filed before the PTAB. “Serial petitions” refer to multiple successive petitions challenging a particular patent that are filed by the same or different petitioners, ...

To embed, copy and paste the code into your website or blog: A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board. RPX Corp. v. Applications in Internet Time, LLC, No. IPR2015-01750 (PTAB Oct. 2, 2020) (designated precedential on Dec. 4, 2020). Opinion by Boalick, joined by Bonilla and Weidenfeller. On remand from the Federal Circuit, the Patent Trial and Appeal Board addressed whether Salesforce, who was itself time-barred from petitionin...