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In 2021, Fintiv continued to be one of the hottest and most controversial issues facing the patent bar. The USPTO Patent Trial and Appeal Board’s (PTAB) precedential Fintiv decision...
To embed, copy and paste the code into your website or blog: The U.S. Patent and Trademark Office (Patent Office) designated new Patent Trial and Appeal Board (Board) precedents protecting patent owners from multiple inter partes review (IPR) challenges. The Board decisions included one that concerned the identification of a real party in interest (RPI) and when multiple petitions challenging the same patent are not permitted. In RPX Corp. v. Applications in Internet Time, LLC, 1 the Board held that the petitioner, RPX, was time-barred because its client Salesforce was an unnamed RPI that wa...
[co-author: Chris Hodge*] In a recently designated precedential decision, the Patent Trials and Appeals Board (“PTAB”) considered challenges to claims covering autonomous robotic cleaning devices. inter partes review over 35 U.S.C. § 312(a)(2) challenges by the patent owner. In its institution discussion, the PTAB determined that it does not need to resolve a dispute regarding a possible real party-in-interest (“RPI”) if the determination would not impact its institution decision. The PTAB declined to consider whether a non-party, JS Global Lifestyle Company Limited (“JS Global”...