Designation of Additional Cases Clarify Basis for RPI
Disputes
Last Friday the Patent Trial & Appeal Board (PTAB) added to
its list of precedential cases. The new precedent clarifies when
RPI disputes will be considered by the Board, what factors will be
considered for
petitions lodged by member organizations, and whether joinder
can be leveraged by a failed petitioner.
RPX Corp. v. Applications in Internet Time,
LLC, IPR2015-01750, Paper 128 (Oct. 2, 2020)
(precedential)(
here)
This decision on remand from the Federal Circuit holds that the
petitioner was time-barred because the petitioner's client was
an unnamed real party-in-interest that had been served with an
infringement complaint more than one year before filing the
petition. Given the highly factual nature of this case, the
precedential value of this case lies in the application of 314(a)
to such filings as "follow-on" petitions, and that the
factors outlined by the CAFC in its remand decision may be
