Control of IPR Petition Remains Primary Factor in RPI Determination, PTAB Litigation Blog

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Determining the Real Party-in-Interest (“RPI”) in an IPR can have critical implications for estoppel.  A patent owner can prevent institution of an IPR by showing that an RPI has previously “filed a civil action challenging the validity of a claim of the patent.”  35 U.S.C. § 315(a)(1).

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