Inter Partes Review: Who Is A Required 'Real Party In Interest'?

Under 35 U.S.C. 312(a)(2) and 37 CFR § 42, all "real parties in interests" (RPIs) are required to be named in an Inter Partes Review petition. Failure to name all RPIs could result in denial of a petition. The policy behind this requirement is rooted in the estoppel provisions that apply to decisions by the Patent Trial and Appeal Board ("PTAB"). Namely, a final written decision by the PTAB estops the petitioner (or all real parties in interest) and their privies from asserting invalidity or unpatentability on any ground that the petitioner raised or "raised or reasonably could have raised" during the IPR or PGR proceeding in a district court, International Trade Commission, or other USPTO proceeding. See 35 U.S.C. 315(e)(1), as amended, and 35 U.S.C. 325(e)(1). The PTO has also identified potential conflicts of interest and credibility of evidence as reasons for...