Fed. Circ. Keeps Broad Test For Interested Parties At PTAB

Law360 (October 23, 2018, 5:30 PM EDT) -- The full Federal Circuit on Tuesday refused to reconsider a July ruling that threw out Patent Trial and Appeal Board decisions invalidating parts of two patents challenged by RPX Corp. and instructed the board to use a broader test when evaluating the interested parties in a patent challenge.

The court denied RPX’s request to rehear the case en banc, leaving in place a ruling that instructed the PTAB to reconsider whether RPX client Salesforce.com Inc. should have been named an interested party in inter partes reviews RPX requested in 2015 challenging two regulatory monitoring patents. The PTAB struck down portions of the...

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