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Expert Analysis

A Definition For IPR 'Real Party-In-Interest'

Law360, New York ( June 20, 2014, 4:24 PM EDT) -- In RPX Corp. v. VirnetX Inc., the Patent Trial and Appeal Board for the first time, defined a "real party-in-interest" within the meaning of 35 U.S.C. § 315(b). IPR2014-00171 (June 5, 2014). Specifically, the board found that Apple Inc. was a "real party-in-interest" with respect to RPX's seven petitions for the VirnetX Patents, because (among other factors) Apple (1) suggested that RPX challenge four of VirnetX's patents, and (2) compensated RPX to (among other tasks) file inter partes reviews. The board denied RPX's petitions as time barred under 35 U.S.C. § 315(b), because Apple, a real party-in-interest, had been served with a complaint more than one year before RPX filed the petitions....

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