PRECEDENTIAL: PTAB Clarifies Real Party in Interest Analysis, PTAB Litigation Blog
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The Patent Trial and Appeal Board (PTAB) has designated as precedential a decision that squarely reaffirms the statutory requirement to identify all real parties in interest (RPI) in AIA petitions. By elevating Corning Optical Communications RF, LLC v. PPC Broadband Inc., IPR2014‑00440, Paper 68 (PTAB Aug. 18, 2015) (except for § II.E.1), the Office has returned to the pre‑SharkNinja framework that requires petitioners to properly disclose real party in interest (RPI) before institution. This shift is more than procedural housekeeping: according to Director Squires, it reflects broader policy and national‑security concerns associated with opaque petitioning.
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