UnifiedOnline Inc fka UOIP

[Philhump03]

Supreme Court Asked to Decided if AIA Creates Standing for Any Party to Appeal PTAB Decisions

https://www.ipwatchdog.com/2018/12/26/supreme-court-asked-aia-creates-standing-ptab/id=104158/

JTEKT argues that its case merits review because the issue affects numerous IPR petitioners, especially operating companies attempting to perform due diligence before finalizing product development. JTEKT cites a study of IPR filings showing that 20 percent of IPRs are petitioned to challenge patent claims which haven’t been asserted in district court. This issue also affects third-party petitioners like RPX Corporation and the petition notes that the issues in this case are similar to those raised in RPX Corp. v. ChanBond LLC, another case regarding Article III standing for appeals of IPR decisions and JTEKT argues that its petition should be considered along with that case. Baker noted that the Supreme Court had invited the U.S. Solicitor General to submit a memo on RPX Corp. “Often, whatever the Solicitor General opines, the Supreme Court follows,” Baker said.