In Samsung Electronics Co., Ltd. v. Netlist, Inc., the PTAB determined that a time-barred third party was not a real party in interest ("RPI") and granted institution. IPR2022-00615, Paper 20 (Oct. 19, 2022) at 19 ("Institution Decision"). After institution, the patent owner moved for additional discovery pursuant to 37 C.F.R. ' 42.51(b)(2) as to whether the third party was an RPI. IPR2022-00615, Paper 40 (Feb. 3, 2023) at 2 ("Director Decision"). Director Vidal then initiated a sua sponte review of the Board's institution decision and granted-in-part the patent owner's motion for additional discovery. Director Decision at 2-3. This IPR involves U.S. Patent No. 7,619,912 directed to memory modules in computer systems that patent owner asserted in multiple district court proceedings.
Director Vidal ordered...
