The PTAB Refuses to Consider New Real Party in Interest Argument Raised on Remand, PTAB Litigation Blog
The PTAB is beginning to address a small stream of cases reversed and remanded by the Federal Circuit, and the scope of what the PTAB will consider on remand is of interest. In Corning Optical Communications RF, LLC v. PPC Broadband, Inc., IPR2013-00340, Paper 85 (Aug. 4, 2016), the Patent Owner sought to raise a new argument on remand that Petitioner failed to identify all real parties in interest. Patent Owner based its argument on decisions rendered by the PTAB in related IPR proceedings between the parties during the pendency of Patent Owner’s Federal Circuit appeal of the Final Written Decision in IPR2013-00340. The PTAB declined to consider the new real party in interest argument.
Read the full article at the PTAB Litigation Blog.