Corning Optical Comm's RF, LLC v. PPC Broadband, Inc.
Addressing the requirement to disclose the real
parties-in-interest (RPI) for an inter partes review
(IPR), the Patent Trial and Appeal Board (PTAB or Board) denied the
petitioner's request for rehearing regarding the dismissal of
three IPRs due to the petitioner's failure to list its parent
and sister companies as real parties-in-interest. Corning
Optical Comm's RF, LLC v. PPC Broadband, Inc.,
IPR2014-00440, -00441, -00736 (PTAB, Dec. 9, 2015) (Bonilla,
APJ.).
Petitioner Corning Optical filed three IPRs against the patent
owner, PPC Broadband. In those petitions, the petitioner failed to
list its parent and sister companies as real parties-in-interest.
The patent owner did not initially raise the issue, and the IPRs
were instituted. After the close of discovery the patent owner
moved for (and was granted) additional discovery regarding whether
the parent and sister company of the petitioner should have
