Monday, February 16, 2015

The importance of naming real-parties-in-interest in IPRs

See the post at the National Law Journal titled:


Unified Patents’ Institution Decision Gives Insight to PTAB’s Real Party in Interest Analysis


which includes the text:

The prompt identification of RPIs in post-grant proceedings is important as a mandatory notice for a number of added reasons.  An RPI that is barred under § 315(b) would bar a petitioner from institution. (35 U.S.C. § 315(b): “An inter partes review may not be instituted if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner, real party in interest, or privy of the petitioner is served with a complaint alleging infringement of the patent. . . .”)  The Board does not want to invest time and energy in petitions that are legally barred from institution, nor does it want to impose responses to them on patent owners


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