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6 December 2016PatentsAmanda Tessar, Bing Ai and Elizabeth Banzhoff

Best practices for IPR proceedings and real party in interest

As set forth in part 1 of this article, the question of how a real party in interest (RPI) to an inter partes review (IPR) is determined has presented challenges and uncertainties for litigants. The RPI analysis is critical for both petitioners and patent owners, as a failure to identify an RPI may result in denial of institution, termination of an instituted trial, or severe estoppel consequences for a petitioner (and its RPIs and privies) in a parallel district court or International Trade Commission (ITC) litigation.

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8 November 2016   Since the adoption of the America Invents Act and the institution of the inter partes review (IPR) proceeding, the question of how a real party in interest to an IPR is defined has presented challenges for petitioners, and opportunities for patent owners, as Amanda Tessar, Bing Ai and Elizabeth Banzhoff of Perkins Coie explain.