"Netlist argued that SEA's RPI status is demonstrated by its shared liability with Samsung for infringement of the challenged patents in a Section 337 investigation currently pending at the U.S. International Trade Commission (ITC). Samsung's invalidation of those patent rights at the PTAB would eliminate SEA's infringement exposure at the ITC, benefiting SEA by foreclosing the possibility of injunctive relief."
"The RPI issues in this case were recently highlighted by a [USIJ] policy brief about PTAB cases creating inconsistencies that benefit foreign infringers."
Netlist filed requests for Director Review challenging Samsung's PTAB petitions for inter partes review and post-grant review of two patents covering dynamic random access memory and memory modules. Netlist contends Samsung failed to identify Samsung Electronics America (SEA) as a real party in interest despite SEA's co-party status with Samsung in multiple related proceedings. SEA shares liability with Samsung in an ITC Section 337 investigation and serves as co-plaintiff in a Delaware declaratory judgment action and co-defendant in Texas infringement litigation. Netlist argues that invalidating these patents at the PTAB would eliminate SEA's infringement exposure, creating an improper incentive structure that benefits the undisclosed party.
#real-parties-in-interest-rpi #ptab-proceedings #patent-validity-challenges #corporate-affiliate-disclosure
Read at IPWatchdog.com | Patents & Intellectual Property Law
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