Analysis

Fed. Circ. Ruling Invites PTAB Fights Over Hidden Parties

Law360 (July 30, 2018, 9:25 PM EDT) -- The Federal Circuit’s ruling instructing the Patent Trial and Appeal Board to use a broader test when looking for unnamed beneficiaries in patent reviews could lead to more costly disputes at the board and present a challenge to the business model of defensive patent groups like RPX Corp., attorneys said.

In an opinion unsealed last week, the court ordered the PTAB to reconsider whether Salesforce.com Inc. should have been named an interested party in inter partes reviews that RPX requested in 2015 challenging two regulatory monitoring patents.

Salesforce is a member of RPX and has been accused of infringing the patents....

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