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ARTICLE · 01 APRIL 2020

No Same-Party Or New Issue Joinder For IPRs At The PTAB

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Facebook, Inc. v. Windy City Innovations, LLC, No. 2018-1400 (Fed. Cir. Mar. 18, 2020) the Federal Circuit found that the text of 35 U.S.C. § 315(c) ...

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Elizabeth Ferrill
Elizabeth Ferrill
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In Facebook, Inc. v. Windy City Innovations, LLC, No. 2018-1400 (Fed. Cir. Mar. 18, 2020) the Federal Circuit found that the text of 35 U.S.C. § 315(c) does not authorize same-party or new issue joinder to an existing IPR. 

Windy City filed suit against Facebook alleging infringement of several of its patents.  Facebook timely filed IPR petitions challenging certain claims of each of the asserted patents.  More than one year after service of the complaint Facebook filed new IPR petitions challenging additional claims from the same patents, along with motions for joinder to the original IPRs.  The Board instituted Facebook’s IPRs and granted the motions for joinder.  After the Board issued its final written decision finding some challenged claims obvious, Windy City appealed the Board’s decisions.

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