Joseph J. Berghammer discusses the renewed attention to real parties-in-interest rules after the U.S. Court of Appeals for the Federal Circuit weighed in on the issue in July in Law360.
Mr. Berghammer, who successfully represented RTC Industries in the inter partes reviews mentioned in the article, says that the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board has shown that RPI rules “matter and have real effect.”
“These rules prevent litigants from rising back like zombies and attacking again,” he says in the article. “The PTAB is preventing that kind of walking dead scenario in the patent context.”
Click here to read the article, “PTAB Sinks Retail Patent Challenges Over Interested Parties.” Subscription is required.