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Friday, May 11, 2018 5:50:33 PM
No expert, but basically privy simply means they have knowledge of it and control is more able to do anything about it..
Now that is super simplified...
here is a related article.
I stopped sharing DD ..but here you go
should be an interesting read considering it directly correlates to PTAB
RPI rulings. Which is why I think the Judges talking about Privy in CAFC is so key
http://www.ptablaw.com/2016/08/11/ptab-real-party-interest-issues-guidance-supreme-court/
This is particular a phrase to read from that
The PTAB also has referenced exception (2) but has struggled with what “pre-existing legal relationships” are sufficient to apply this exception. A vendor-reseller relationship is not sufficient, even when the nonparty pays counsel fees and participates in the trial. See Sipnet, IPR2013-00246.
ATVI is pretty much a Vendor-Reseller as ATVI is the exclusive reseller of Bungie's Destiny IP. The CAFC Judges totally opened the door and wanted the lawyer for WDDD to give them a good reason to vacate. Spelled it out for them, privy not control, the above quote or any stats they could have produced
So, why has the PTAB seldom found that an unnamed party is a real party-in-interest or a privy?
You know where I stand.
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