Continuously Keeping Your IPR Ducks in a Row: Sanctions for Failing to Update the PTAB on Changes in Real Parties of Interest, PTAB Litigation Blog
Visit the PTAB Litigation Blog.
IPR petitions are required to identify “all real parties in interest,” among other things because the final written decision of the PTAB prevents the petitioner, the real party in interest, or privy of the petitioner to “request or maintain a proceeding before the Office with respect to that claim on any ground that the petitioner raised or reasonably could have raised during that post-grant review.” See 35 U.S.C. § § 312(a)(2) and 325(e)(1). Conversely, an entity who is not a real party in interest can request another IPR on a ground that was raised, or could have been raised, during a different proceeding.
Insights by Jones Day should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request permission to reprint or reuse any of our Insights, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. This Insight is not intended to create, and neither publication nor receipt of it constitutes, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.
