The importance of naming real-parties-in-interest in IPRs
See the post at the National Law Journal titled:
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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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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
posted by Lawrence B. Ebert at 4:57 PM
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