PTAB Sinks Retail Patent Challenges Over Interested Parties

Law360 (November 26, 2018, 8:12 PM EST) -- The Patent Trial and Appeal Board has rejected a merchandising company’s challenges to patents covering product display systems, finding a private equity firm should have been named as an interested party in the proceedings.

In decisions that became publicly available Wednesday, the PTAB denied petitions filed by Fasteners for Retail Inc. that sought inter partes review of four patents owned by RTC Industries Inc., an Illinois-based maker of consumer retail systems. The board said there was “substantial evidence” that Olympus Partners LP controlled the challenges and should have been named a real party-in-interest.

That evidence included discussions between an Olympus managing...

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