Continuously Keeping Your IPR Ducks in a Row: Sanctions for Failing to Update the PTAB on Changes in Real Parties of Interest, PTAB Litigation Blog
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IPR petitions are required to identify “all real parties in interest,” among other things because the final written decision of the PTAB prevents the petitioner, the real party in interest, or privy of the petitioner to “request or maintain a proceeding before the Office with respect to that claim on any ground that the petitioner raised or reasonably could have raised during that post-grant review.” See 35 U.S.C. § § 312(a)(2) and 325(e)(1). Conversely, an entity who is not a real party in interest can request another IPR on a ground that was raised, or could have been raised, during a different proceeding.
