Fed. Circ. Redefines 'Real Party In Interest' In USPTO Reviews

By Craig Countryman (September 7, 2018, 1:15 PM EDT) -- The Federal Circuit's decision in Applications in Internet Time LLC v. RPX Corporation[1] creates new hurdles for companies that ask the U.S. Patent and Trademark Office to institute an inter partes or post-grant review. The decision expansively interprets the term "real party in interest," which appears in multiple statutes that restrict review. Section 315(b) precludes review where the petitioner, a "real party in interest, or privy of the petitioner" is served with a patent infringement complaint more than a year before the petition. Section 312(a)(2) requires that the petition "may be considered only if" it "identifies all real parties in interest." Applications in Internet Time dealt...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!