Director Review Orders Additional Discovery On Time Bar-RPI Issue, PTAB Litigation Blog
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In Samsung Electronics Co., Ltd. v. Netlist, Inc., the PTAB determined that a time-barred third party was not a real party in interest (“RPI”) and granted institution. IPR2022-00615, Paper 20 (Oct. 19, 2022) at 19 (“Institution Decision”). After institution, the patent owner moved for additional discovery pursuant to 37 C.F.R. § 42.51(b)(2) as to whether the third party was an RPI. IPR2022-00615, Paper 40 (Feb. 3, 2023) at 2 (“Director Decision”). Director Vidal then initiated a sua sponte review of the Board’s institution decision and granted-in-part the patent owner’s motion for additional discovery. Director Decision at 2–3. This IPR involves U.S. Patent No. 7,619,912 directed to memory modules in computer systems that patent owner asserted in multiple district court proceedings.
