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ARTICLE · 05 DECEMBER 2014

No Joinder Without Proof That Grounds Could Not Have Been Raised Previously

McDermott Will & Emery
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Addressing the issue of joinder to an already instituted inter partes review (IPR), the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) denied a petitioner’s motion for joinder of a second petition involving the same parties and patent as previously instituted, finding that petitioner failed to explain why the joinder issues could not have been addressed in the prior petition.

United StatesIntellectual Property
James Kim
James Kim
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Reloaded Games, Inc. v. Parallel Networks LLC

Addressing the issue of joinder to an already instituted inter partes review (IPR), the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) denied a petitioner's motion for joinder of a second petition involving the same parties and patent as previously instituted, finding that petitioner failed to explain why the joinder issues could not have been addressed in the prior petition.  Reloaded Games, Inc. v. Parallel Networks LLC, Case No. IPR2014-00950 (PTAB, Oct. 22, 2014) (Jung, APJ).

The petitioner, Reloaded Games, filed a petition to institute IPR of a patent at issue in an already instituted IPR.  The petition was filed within one month after the other IPR was instituted and involved the same parties and patent.  The second petition was filed more than one year after the petitioner was served with a complaint alleging infringement of the patent.  However, the one-year bar under 35 U.S.C.

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