Judge Says Inventors Would 'Radically Alter' Tech's PTAB Suit

Law360 (February 5, 2021, 10:40 PM EST) -- A California federal judge on Friday said US Inventor can't intervene in tech titans' suit challenging a rule that lets the Patent Trial and Appeal Board refuse patent challenges based on the status of co-pending litigation, saying the organization aimed to "create a much different case."

U.S. District Judge Edward J. Davila said US Inventor and others working alongside it aimed to "inject collateral issues into an existing action," which is not the purpose of intervention. He had considered the intervention at Jan. 14 oral arguments.

"Plaintiffs' complaint defined the general scope of the suit and the proposed intervenors cannot now...

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