In Facebook v. Windy City Innovations, the U.S. Court of Appeals for the Federal Circuit earlier today ruled that the Patent Trial and Appeal Board (PTAB) erred both in allowing Facebook to join itself to a proceeding in which it was already a party, and in allowing Facebook to add new claims to the inter partes reviews (IPRs) at issue through that joinder…. On the topic of whether the language of § 315(c) authorizes the joinder of a person as a party to a proceeding in which it is already a party, the Court was again clear on what the plain language of § 315(c) allows. The Director is permitted “to join as a party [to an already instituted IPR] any person’ who meets certain requirements. 35 U.S.C. § 315 (emphases added).”
Litigation
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- How French and California Contract Law Would Interpret SEP Patent Owner Obligations Under the ETSI Licensing Declaration
- NYIPLA Tells Supremes IP Lawyers Need Attorney-Client Privilege for Dual-Purpose Communications
- A Guide to Disclosures in Delaware Patent Litigation in the Face of Pending Federal Circuit Review
- CAFC Expressly States Patentee Disclaimers During IPR are Not Binding on the PTAB’s Patentability Analysis
Recent Posts
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- Eleventh Circuit Rules for Viacom in FLORA-BAMA Trademark Case
- Other Barks & Bites for Friday, December 2: Court of Federal Claims Rules CDC Patents Breached Gilead Agreements; Eleventh Circuit Affirms Trademark Win for Viacom; and Delaware Litigation Funding Case Heats Up at CAFC
- Former Commerce, USPTO Heads Push for U.S. to Lead Opposition to Extending WTO’s COVID IP Waiver
- Patent Experts Urge Kanter to Reject Calls to Scrap Avanci Business Review Letter