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ARTICLE · 14 MAY 2015

Facts Govern Real Party-in-Interest Determinations

McDermott Will & Emery
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In TRW Automotive v. Magna Electronics, the patent owner claimed that the petitioner failed to identify all of real parties in interest in violation of § 312(a)(2).

United StatesIntellectual Property
Ryan Vachon
Ryan Vachon
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TRW Automotive US LLC v. Magna Electronics Inc.; Paramount Home Entertainment Inc. v. Nissim Corporation

Addressing the real-party-in-interest (RPI) requirement of 35 U.S.C. § 312(a) in two separate proceedings, the U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board (PTAB or Board) emphasized the fact-dependent nature of the inquiry and explained that the inquiry necessarily requires "totality of the circumstances" approach.  TRW Automotive US LLC v. Magna Electronics Inc., Case No. IPR2014-01497 (PTAB, Mar. 19, 2015) (Grossman, APJ.); Paramount Home Entertainment Inc. v. Nissim Corporation, Case Nos. IPR2014-00961, -00962 (PTAB, March 19, 2015) (Scanlon, APJ.).

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