An article authored by Scott McKeown titled “Director Review Clarified Co-Defendant IPR Challenge Rights in 2024” was published in IPWatchdog. In 2024, two US Patent and Trademark Office (USPTO) Director Review decisions addressed multi-defendant inter partes review (IPR) petition scenarios before the Patent Trial and Appeal Board (PTAB). These key decisions clarified when a co-defendant relationship is significant enough to constitute a follow-on petition for discretionary denial purposes and when a relationship might rise to the level of real party in interest (RPI) or privy for purposes of applying the IPR time-bar of 35 U.S.C. § 315(b). In this article, Scott discusses the two decisions and looks ahead to 2025. Read more.
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