Director Denies IPR Over Foreign Government RPI Ties, PTAB Litigation Blog
Visit the PTAB Litigation Blog
The Director issued a precedential discretionary denial on the ground that a foreign government entity was an undisclosed real party in interest (“RPI”). The ruling extended Return Mail, Inc. v. United States Postal Service, 587 U.S. 618 (2019)—which barred federal agencies from petitioning for AIA post-issuance review—to include foreign governments.
LG Display Co., Ltd. (“Patent Owner”) argued that Tianma Microelectronics Co., Ltd., Tianma Microelectronics (HONG KONG) Limited, and Wuhan Tianma Microelectronics Co., Ltd. (collectively “Petitioner”) failed to disclose several RPIs, including a foreign government entity. Patent Owner argued that Tianma Microelectronics Co., Ltd. (“Tianma”) is a subsidiary of Aviation Industry Corporation of China (“AVIC”). Tianma’s Corporate Disclosure Statement identified AVIC Innovation Holding Limited (“AVIC Innovation”) as owning 10% or more of Tianma’s stock, and Patent Owner provided evidence that AVIC owns AVIC Innovation and Tianma. Patent Owner further showed that AVIC appears on the Department of Commerce’s “entity list”—parties involved in activities contrary to U.S. national security or foreign policy interests. Petitioner countered that none of the identified entities funded, controlled, or directed the IPR.
