In vacating an unpatentability decision by the Patent Trial and
Appeal Board (Board), the US Court of Appeals for the Federal
Circuit found that the rights of a joined party to an inter
partes review (IPR) proceeding applies to the entirety of the
proceedings and includes the right of appeal. Fitbit, Inc. v.
Valencell, Inc., Case No. 19-1048 (Fed. Cir. July 8, 2020)
(Newman, J.).
Apple petitioned the Board for IPR of certain claims of a patent
owned by Valencell. The Board granted the petition in part,
instituting review of certain claims and denying review of other
claims. After institution of the Apple IPR, Fitbit filed an IPR
petition for the instituted claims and moved for joinder with
Apple's IPR. The Board granted Fitbit's petition, granted
the motion for joinder and terminated Fitbit's separate
proceeding.
