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Patent Trial and Appeal Board |
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PTAB designates as precedential a decision clarifying real party in interest analysis
Corning Optical Communications RF, LLC v. PPC Broadband, Inc., IPR2014-00440, Paper 68 (PTAB Aug. 18, 2015) (precedential, except for § II.E.1)
In this decision, the Board granted a patent owner’s motion to dismiss the petition and terminated the inter partes review after finding that the petition failed to identify all real parties in interest (RPI) required by 35 U.S.C. § 312(a)(2). Specifically, the Board determined that, under § 312(a)(2), it cannot consider a petition unless that petition has identified all RPIs.
The USPTO also issued a memorandum explaining the rationale for designating the Corning Optical decision.
Learn more about precedential and informative decisions.
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