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Thursday, 01/05/2017 9:10:02 AM

Thursday, January 05, 2017 9:10:02 AM

Post# of 46781
Like VirnetX (VHC) as long as you have a PTAB Director who is willing to "piggy back" a time-barred challenger the full CAFC Appeal on RPI is a non-starter. Activision could have their largest Hedge Fund shareholder file the same challenge at the PTAB, just like Mangrove Partners did to VirnetX (time-barred Apple piggy backed them). The Appeal does not dissolve the PTAB Directors Authority. Thus the revolving door here would continue-- at the Directors discretion.

"The Federal Circuit just granted Wi-Fi One’s petition for en banc review. The Court requested briefing on this issue: Should this court overrule Achates Reference Publishing, Inc. v. Apple Inc., 803 F.3d 652 (Fed. Cir. 2015) and hold that judicial review is available for a patent owner to challenge the PTO’s determination that the petitioner satisfied the timeliness requirement of 35 U.S.C. § 315(b) governing the filing of petitions for inter partes review?
Amici briefs are due by Thursday, February 23, 2017. "
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