Patent Owners Have No “Freestanding” Right to PTAB RPI Determination, Rules Federal Circuit
The Federal Circuit has issued a precedential decision that further clarifies the extent to which patent owners may appeal final written decisions (FWDs) from the Patent Trial and Appeal Board (PTAB). On June 5, the court denied Dolby Laboratories Licensing’s appeal of a decision against Unified Patents in which the Board ruled in Dolby’s favor on validity but declined to address its argument that nine Unified member companies should have been named as real parties in interest (RPIs). The Federal Circuit held that Dolby lacked standing to appeal the PTAB’s RPI decision as the prevailing party in an IPR against a patent not asserted in litigation, determining in part that none of the statutory bases cited by Dolby overcame that standing defect.
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