ESIP Series 2, LLC loses appeal at CAFC

The appellant did not fare well:



ESIP Series 2, LLC, appeals a decision of the Patent
Trial and Appeal Board that certain claims of ESIP’s patent are invalid as obvious. ESIP also contends that the
Board should not have instituted inter partes review because appellee Puzhen failed to identify “all real parties in
interest” as required by 35 U.S.C. § 312. We find no error
in the Board’s obviousness determination, and the Board’s
decision to institute inter partes review is final and nonappealable. We affirm.