PTAB Determines that RPI Designation is Not a Statutory Requirement After All

Precedent Indicates Mistaken RPI Correctable Without Date Reset A few weeks back I pointed out that the Patent Trial & Appeal Board (PTAB) had changed its position on whether or not a new RPI designation requires a resetting of the petition filing date. It has now made that determination precedential, along with two other decisions on the topic. First, in Adello Biologics LLC v. Amgen Inc., Case PGR2019-00001 (PTAB Feb. 14, 2019) (Paper 11) the Board granted Petitioners’ Motion to Update its Mandatory Notices before the institution of trial and denied Patent Owner’s request for permission to file a Motion for Discovery of facts surrounding a real party-in-interest (RPI) issue. The Board determined that Petitioners’ update to the Mandatory Notices was permissible under 35 U.S.C. § 322(a)(2) without assigning a new filing date to the Petition because Petitioners did not act in bad faith or engage in gamesmanship in omitting the RPI from the…

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