Insights

Panel Denies Joinder Based On Intervening Institu

Panel Denies Joinder Based On Intervening Institution, PTAB Litigation Blog

Visit the PTAB Litigation Blog

The PTAB denied a request for institution and joinder because the petitioner was the petitioner in one other instituted IPR directed to the same patent, and the petitioner did not explain adequately to the PTAB why another proceeding was necessary.  Here, Code200, (“Code200”) filed a Petition for inter partes review (“-01110 IPR”) for U.S. Patent No. 10,484,510 (the “’510 patent”), seeking to join IPR2022-00138.  Code200 had filed two joinder petitions, the first (IPR2022-00862) seeking to join previously instituted IPR2021-01493, and the second IPR2022-01110 discussed in this post, seeking to join instituted IPR2022-00138.

Read the full article at ptablitigationblog.com.

Jones Day publications 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 reprint permission for any of our publications, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. The mailing of this publication is not intended to create, and receipt of it does not constitute, 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.