Living Room

PRECEDENTIAL: PTAB Declines To Resolve RPI Dispute, PTAB Litigation Blog

Visit the PTAB Litigation Blog.

In a recently designated precedential decision, the Patent Trials and Appeals Board (“PTAB”) considered challenges to claims covering autonomous robotic cleaning devices. SharkNinja Operating LLC v. iRobot Corp., IPR2020-00734, Paper 11 (PTAB. Oct. 6, 2020) (designated as precedential Dec. 4, 2020). The PTAB instituted inter partes review over 35 U.S.C. § 312(a)(2) challenges by the patent owner. In its institution discussion, the PTAB determined that it does not need to resolve a dispute regarding a possible real party-in-interest (“RPI”) if the determination would not impact its institution decision. The PTAB declined to consider whether a non-party, JS Global Lifestyle Company Limited (“JS Global”), was an unnamed RPI. Instead, the decision considered 35 U.S.C. § 312(a)(2) determinations to be unnecessary for establishing PTAB jurisdiction.

Read the full article at

Insights by Jones Day should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request permission to reprint or reuse any of our Insights, please use our “Contact Us” form, which can be found on our website at This Insight is not intended to create, and neither publication nor receipt of it constitutes, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.