PTAB Focuses on IPR Control to Determine RPI, PTAB Litigation Blog

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In three related final written decisions, the PTAB ruled that Bayer Healthcare (“Bayer”) was not a real party in interest (“RPI”) to IPR petitions filed by NOF Corporation, even though Bayer had a business relationship with NOF and stood to benefit from the IPR proceedings.  NOF Corporation v. Nektar Therapeutics, IPR2019-01394, Paper 22 (PTAB Feb. 5, 2020); IPR2019-01397, Paper 24 (PTAB Feb. 10, 2020), IPR2019-01398, Paper 17 (PTAB Feb. 12, 2020).

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