“To discourage unnecessary litigation and protect patent owners’ rights, the America Invents Act requires a petition for inter partes review to identify ‘all real parties in interest’ both ‘to the patent owner’ and ‘to the public.’ 35 U.S.C. § 312(a)-(b). When a real party in interest is named to a petition, estoppel attaches to that entity, precluding it from bringing certain further challenges to the patent. § 315(e).”
“Notwithstanding the statutory text, the Federal Circuit concluded that patent owners have no right to know all real parties in interest to petitions brought against them and suffer no injury from deprivation of that information. It also held that § 314(d), which renders the Director’s determination whether to institute an inter partes review ‘final and nonappealable,’ bars review of final written decisions concerning real parties in interest. In so doing, the Federal Circuit failed to cite or discuss this Court’s contrary decision in SAS Inst., Inc. v. Iancu, which held that ‘nothing in § 314(d)’ withdraws judicial authority ‘to ensure that an inter partes review proceeds in accordance with the law’s demands.’ 584 U.S. 357, 371 (2018).”
“The questions presented are:”
1. “Whether a patent owner is injured by the Patent Trial and Appeal Board’s refusal to require a petition to identify all real parties in interest.”
2. “Whether § 314(d) bars judicial review of a final decision regarding real parties in interest.”
