Still No Privity Or Additional Real Parties-In-Interest

On remand from the US Court of Appeals for the Federal Circuit en banc decision in Wi-Fi One, LLC v. Broadcom Corp., Case Nos. 15-1944; -1945; -1946 (Fed. Cir., Jan. 8, 2018), the Federal Circuit reaffirmed the portions of its prior decision that were unaffected by the en banc decision. Wi-Fi One, LLC v. Broadcom Corp., Case No. 15-1944 (Fed. Cir., Apr. 20, 2018) (Bryson, J) (Reyna, J, dissenting). Specifically, the Federal Circuit reaffirmed that the time bar does not apply to the inter partes review (IPR) petitioner, because the evidence did not show (1) that the petitioner was in privy with the district court defendants or (2) that the district court defendants were real parties-in-interest in the IPR proceeding.