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ARTICLE · 01 DECEMBER 2015

Have Your Cake And Indemnify It, Too

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In many cases brought before the Board, the Petitioner is defending against a real-party-in-interest challenge.

United StatesIntellectual Property
Peter Sullivan
Peter Sullivan
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In many cases brought before the Board, the Petitioner is defending against a real-party-in-interest challenge. In Acxiom v. Phoenix Licensing, LLC, CBM2015-00134 et seq., which involved a covered business method review, the Petitioner was attempting to show that it was a real party in interest, and it failed.

In Acxiom, the Petitioner claimed that it was a real-party-in-interest or privy to third parties that had been sued for infringement of the subject patents. The Petitioner sought to substantiate this claim by submitting two items: an agreement redacted to show only two provisions relating to indemnity, and a declaration that claimed in substance that one of the third parties sent Petition a notice requesting indemnity.

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