The America Invents Act of 2011 requires petitioners in post-grant proceedings—including in all inter partes reviews (IPRs) and covered business method (CBM) reviews—to identify each ‘‘real party-in-interest’’ (i.e., ‘‘the party or parties at whose behest the petition has been filed’’). Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,759 (Aug. 14, 2012). For example, ‘‘a party that funds and directs and controls an IPR or PGR petition or proceeding constitutes a ‘real party-ininterest,’ even if that party is not a ‘privy’ of the petitioner.’’ Id. at 48,760.

Originally published in Bloomberg BNA's Patent, Trademark & Copyright Journal® - November 19, 2017.