A Real Party-in-Interest Determination is Final and Non-Appealable, Including Denial of Related Motion to Dismiss and Discovery Wednesday, April 7, 2021
In
CyWee Group Ltd. v. Google LLC, Nos. 2020-1565, 2020-1567 (Mar. 16, 2021), CyWee challenged the Board’s conclusion that Google identified all real parties-in-interest under the obligations of 35 U.S.C. § 312(a)(2).
The holding in an earlier Federal Circuit case was determinative
ESIP Series 2, LLC v. Puzhen Life USA, LLC, 958 F.3d 1378, 1386 (Fed. Cir. 2020). In
ESIP, the Federal Circuit concluded that “the Board’s § 312(a)(2) real-party-in-interest determination is final and non-appealable” under 35 U.S.C. § 314(d) because it “raises an ordinary dispute about the application of an institution-related statute.”