Merger Ruling 'Artificially Narrows' IPR Rights, Fed Circ. Told

Law360 (July 30, 2019, 7:19 PM EDT) -- ON Semiconductor has warned the full Federal Circuit that a panel removed all certainty over who has the right to petition for inter partes review when it found that a merger with Fairchild Semiconductor rendered ON ineligible to challenge a Power Integrations Inc. patent.

Fairchild may have been a real party at interest when the IPR was instituted, which the Federal Circuit said made the case time-barred, but it wasn't when ON filed its petition. Letting the facts change post-petition creates a "moving target" for the Patent Trial and Appeal Board and goes against Congress' intent with the America Invents Act,...

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