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PRECEDENTIAL: PTAB Declines To Resolve RPI Dispute | Jones Day

[co-author: Chris Hodge ] In a recently designated precedential decision, the Patent Trials and Appeals Board (“PTAB”) considered challenges to claims covering autonomous robotic cleaning devices. inter partes review over 35 U.S.C. § 312(a)(2) challenges by the patent owner. In its institution discussion, the PTAB determined that it does not need to resolve a dispute regarding a possible real party-in-interest (“RPI”) if the determination would not impact its institution decision. The PTAB declined to consider whether a non-party, JS Global Lifestyle Company Limited (“JS Global”), was an unnamed RPI. Instead, the decision considered 35 U.S.C. § 312(a)(2) determinations to be unnecessary for establishing PTAB jurisdiction.

PTAB Designates Three Precedential Decisions on Follow-On Petitions and Real Parties in Interest

PTAB Designates Three Precedential Decisions on Follow-On Petitions and Real Parties in Interest
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