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24 ¦ MARCH 23, 2020 NEWS

¦ From FEDERAL on PAGE 23 cerns to Congress, she wrote. In
court ruled that the provision al- the meantime, they can file IPR
lowing the director to “join as a petitions challenging all of the
party ... any person” to an IPR claims identified in a complaint,
clearly does not mean a party can The appellate court says the or save their validity challenges
join its own IPR. PTO must use formal notice- for the district court litigation.
and-comment rulemaking—
“A statute saying that ‘a person Brown Rudnick partner Vin-
may marry any person who is old- not opinions from the cent Rubino had the winning

er than 16 ... ‘ would not, by virtue Patent Trial and Appeal argument for Windy City.

of the ‘any person’ language, au- Board’s Precedential Opinion Ropes & Gray partner Scott
thorize marriage to oneself,” Prost Panel—if it wants the court McKeown wrote on his firm’s Pat-
wrote in the opinion for the court. ents Post-Grant blog that POP
And in any event, even if Face- to defer to its expertise. decisions, whether accorded def-

book could join its own IPR, it erence or not, remain valuable for
could not bring the proceedings practitioners by providing consis-
along with it from its second-filed tency in PTAB practices until a
IPR, Prost wrote. given issue can be reviewed by the Federal Circuit.
Facebook argued that without the joinder rule, “As such, I would not expect the POP to simply fold
patent owners will be incentivized to run out the up shop,” he wrote.
clock on the one-year bar before identifying its as- ¦

serted claims. Prost wrote that she did not disagree, Scott Graham focuses on intellectual property and
and that it seemed likely that Congress simply hadn’t the U.S. Court of Appeals for the Federal Circuit.
contemplated this scenario when drafting the AIA. He writes ALM’s Skilled in the Art IP briefing.
But accused infringers should address those con- Contact him at [email protected].

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