Category Archives: Joinder of AIA Proceedings

Board Limits Multiple IPR Challenges in Samsung Electronics v. Rembrandt Wireless Technologies

June 22, 2015 Rembrandt Wireless Technologies sued Samsung and Research in Motion for infringement of  U.S. Patent 8,457,228 in June 2013.  The ‘228 patent relates to data communications, and in particular to a data communication system in which a plurality of modems … Continue reading

Posted in America Invents Act, claim challenges, inter partes review, IPR Joinder, Joinder of AIA Proceedings, Joinder Post AIA, petitions practice, prior art | Tagged , , , , , , , , | Leave a comment

Target Wins Rehearing of IPR Joinder Decision with Expanded Panel

Last fall, the Patent Trial and Appeal Board (PTAB or Board) interpreted the IPR joinder provision, 35 U.S.C. § 315(c), to require joinder requests by a non-party to an ongoing proceeding.  (Target Corp. v. Destination Maternity Corp., IPR2014-00508 and IPR2014-00509.)  Prior to that decision,  the Board … Continue reading

Posted in America Invents Act, inter partes review, IPR Joinder, Joinder of AIA Proceedings, Joinder of Parties Post-petition, Joinder Post AIA, Mandamus Actions in the Federal Circuit, PTAB, PTAB Patent Trials | Tagged , , , , , , , , , , , , , , , | Leave a comment

Target Corp. Requests Rehearing of Denied IPRs by Expanded PTAB Panel

October 17, 2014 Last month, the Patent Trial and Appeal Board (PTAB or Board) interpreted the IPR joinder provision, 35 U.S.C. § 315(c), to preclude joinder requests by an existing party to an ongoing proceeding.  (Target Corp. v. Destination Maternity Corp., IPR2014-00508 and … Continue reading

Posted in America Invents Act, Future of PTAB Trial Practice, inter partes review, IPR Joinder, Joinder of AIA Proceedings, Joinder of Parties Post-petition, Litigation, Patent Reform, PTAB, PTAB Patent Trials | Tagged , , , , , , , , , , , , , | Leave a comment

PTAB Applies “Issue Joinder” Analysis to Deny Microsoft’s IPR Joinder Requests

October 1, 2014 The reader may recall that last week an expanded PTAB panel announced an interpretation of 35 U.S.C. § 315(c) that essentially ruled out a joinder request for a subsequent IPR petition made by an existing party to … Continue reading

Posted in 315(b) One Year Bar, America Invents Act, Future of PTAB Trial Practice, inter partes review, IPR Joinder, Joinder of AIA Proceedings, PTAB, PTAB Patent Trials | Tagged , , , , , , | Leave a comment

Litigation Defendants Cannot Rely on Joinder to Avoid Timing Requirements of Inter Partes Reviews

In my last post, we explored the interplay of the one-year bar under 35 U.S.C. § 315(b) and joinder in inter partes review (IPR) proceedings.  That case involved a Petitioner who could not have filed an IPR petition prior to the … Continue reading

Posted in 315(b) One Year Bar, America Invents Act, inter partes review, Joinder of AIA Proceedings, PTAB, PTAB Patent Trials | Tagged , , , , , , , , , , | Leave a comment

Patent Office Board Takes a Bite out of Apple’s IPR Challenge of VirnetX Patents

In  mid-2013 Apple filed seven inter partes review petitions to challenge four VirnetX patents.  Recently, the Patent Trial and Appeal Board (the Board) denied all seven inter partes review (IPR) petitions.  This outcome demonstrates the Board’s current interpretation of the one-year bar … Continue reading

Posted in America Invents Act, claim challenges, inter partes review, Joinder of AIA Proceedings, Joinder of Parties Post-petition, motion practice, PTAB, rehearing request, Termination of Post-Grant Proceedings | Tagged , , , , , , , | Leave a comment

Joinder in Patent Office Proceedings Clarified by PTAB

Several posts ago we explored how the Board perceived joinder of a subsequent petition filed by a petitioner to an ongoing proceeding.  A recent ruling by the Patent Trial and Appeal Board (PTAB) clarifies how the Board views joinder of … Continue reading

Posted in America Invents Act, covered business methods, inter partes review, Joinder of AIA Proceedings, Joinder of Parties Post-petition, Post Grant Review, PTAB, PTAB Patent Trials | Tagged , , , , , , , , , , | Leave a comment

PTAB IPR Petition Joinder Practice Gains Momentum

Suppose a patent owner files suit and the defendant wants to file an AIA post-grant proceeding to challenge the validity of the patent.  Suppose further that the post-grant challenge is an inter partes review (IPR) filed by the defendant within … Continue reading

Posted in America Invents Act, Joinder of AIA Proceedings, motion practice, Patent Reform, PTAB, Uncategorized | Tagged , , , , , , , , , , , , , | 3 Comments