Divided Federal Circuit Upholds Patent Board, Says Privity Not Established

Mealey's (April 23, 2018, 11:52 AM EDT) -- WASHINGTON, D.C. — When asserting that an inter partes review (IPR) petition is time-barred under Section 315(b) of the America Invents Act (AIA), 35 U.S.C. § 315(b), a patent owner must demonstrate that the petitioner had “sufficient control” over prior district court litigation to establish privity, a divided Federal Circuit U.S. Court of Appeals ruled April 20 (Wi-Fi One LLC v. Broadcom Corp., Nos. 15-1944, Fed. Cir., 2018 U.S. App. LEXIS 10024)....