"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)."
that right, but not even need "piggy back." VHC patents just as invalid with Mangrove as sole petitioner, regardless of Apple joinder. just need straw man petitioner insulated enough not to invoke RPI.
either need new standing requirement, or need loosen RPI rules (or at least loosen discovery rules). standing requirement unlikely as it never been required before, either in ex parte reexamination or old inter partes reexamination.
it likely VHC challenge Mangrove institution decision in current appeals. briefs not due for while yet.
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