Still No Same Party Joinder and Joinder of New Issues through 35 U.S.C. § 315(c)

Rothwell, Figg, Ernst & Manbeck, P.C.

The Federal Circuit reconfirmed its interpretation of the IPR joinder rules of 35 U.S.C. § 315(c) after the panel’s rehearing in Facebook, Inc. v. Windy City Innovations, LLC, No. 2018-1400, 2020 WL 5267975 (Fed. Cir. Sept. 4, 2020).  Appellant Facebook, Inc. had filed a combined request for panel rehearing and rehearing en banc.  The rehearing en banc was denied, but the panel granted the panel rehearing to the extent that it replaced its original precedential opinion with a revised opinion on September 4, 2020.  The conclusions of the Federal Circuit remained unchanged: § 315(c) does not permit either same-party joinder or joinder of new issues.

For more details on the Federal Circuit’s reasoning for reversing the Patent Trial and Appeal Board’s interpretation of the statute, see our previous article on the Federal Circuit original Facebook v. Windy City Innovations decision here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Rothwell, Figg, Ernst & Manbeck, P.C. | Attorney Advertising

Written by:

Rothwell, Figg, Ernst & Manbeck, P.C.

Rothwell, Figg, Ernst & Manbeck, P.C. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.