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...

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