In a 56 page decision, including a concurrence, the Federal Circuit vacated and remanded based on finding that the Board failed to apply the law correctly by failing to properly consider evidence alleged to show that an RPX client was either a real party in interest or privy of Petitioner RPX. If the RPX client was barred under Section 315(b), RPX may similarly be barred. On remand, the Board is requested to review the factors laid out by the Court and determine whether RPX falls under its client’s potential Section 315(b) bar.
This article appeared in the July 2018 issue of PTAB Strategies and Insights. To view our past issues, as well as other firm newsletters, please click here.