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ARTICLE · 16 OCTOBER 2020

PTAB Bounces RPX On Unique RPI Relationships

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Earlier this month, the PTAB issued its remand decision in RPX Corp. v. Applications In Internet Time, LLC (here). As a reminder, the Federal Circuit (pre-Thryv) instructed the PTAB to further...

United StatesIntellectual Property
Scott A. McKeown
Scott A. McKeown
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RPX Business Dealings With Salesforce Result in RPI Snafu

Earlier this month, the PTAB issued its remand decision in RPX Corp. v. Applications In Internet Time, LLC (here). As a reminder, the Federal Circuit (pre-Thryv) instructed the PTAB to further analyze under a more "flexible approach" whether Salesforce was a real party-in-interest (RPI) to two RPX-filed IPR petitions. On remand, the Board held that Salesforce was an RPI, and that the petitions at issue were therefore time-barred under § 315(b).

The outcome is hardly surprising given the bad facts of RPX, but has anything really changed for RPI/privy analyses?

To reach its conclusion, the Board (the panel was composed of Chief APJ Boalick, Deputy CAPJ Bonilla, and Vice CAPJ Weidenfeller), examined:

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