PTAB Denies Motion for Joinder After Unsuccessful District Court Invalidity Challenge, PTAB Litigation Blog
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On June 6, 2024, Shenzhen Waydoo Intelligence Technology Co., Ltd. (“Waydoo”) filed a petition for inter partes review (“IPR”) of U.S. Patent No. 9,359,044 (“the ’044 Patent”) (“IPR998”), assigned to MHL Custom, Inc. (“MHL”). Concurrently with its petition, Waydoo filed a motion for joinder seeking to join IPR998 to IPR2024-00086 (“the Foil Boarding IPR”), which also challenges the ’044 Patent and includes different real parties-in-interest. Waydoo noted that its petition is “intentionally identical to [the Foil Boarding IPR] in all substantive aspects.” On January 29, 2021, nearly three and a half years prior to filing the petition in IPR998, Waydoo was served in district court with a complaint alleging infringement of the ’044 Patent (“the Waydoo case”). In the Waydoo case, Waydoo unsuccessfully challenged the validity of the ’044 Patent and was held liable for willful infringement.
