Three Precedential Decisions Show the PTAB Busting RPX's IPR-Filing Scheme and Using § 314(a) to Deny Joinder
By EsqSocial Corporation 10/12/20
On December 4, the USPTO’s Patent Trial and Appeal Board (PTAB) designated three decisions precedential, with two addressing real party in interest (RPI) and one addressing follow-on petitions under 35 U.S.C. § 314(a). In one decision, the PTAB terminated several IPRs filed by RPX Corporation (RPX) because one of its members was time-barred and constituted an unnamed RPI. The PTAB used a flexible test that focused on determining whether the member was a clear beneficiary of the IPRs with a...
By: Bass, Berry & Sims PLC