Respectfully, the remand is with specific instructions and can only be considered to be a de-risking for Worlds position at this point.
For the foregoing reasons, the Board’s final written
decisions in these three consolidated appeals are vacated.
On remand, the Board should first address whether
Worlds is estopped from arguing the real-party-in-interest
issue. The Board should thoroughly consider the posture
of the related proceedings, as well as any relevant exceptions
to collateral estoppel. If the Board determines that
collateral estoppel does not apply, the Board should then
reevaluate the merits of the real-party-in-interest issue.
And, in light of this court’s recent guidance on the substantive
real-party-in-interest inquiry, the Board, in its
discretion, should consider whether to allow for additional
discovery on this issue.14
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