Best Practices for IPR Proceedings and Real Party in Interest

As set forth in part 1 of this article*, the question of how a real party in interest (RPI) to an inter partes review (IPR) is determined has presented challenges and uncertainties for litigants. The RPI analysis is critical for both petitioners and patent owners, as a failure to identify an RPI may result in denial of institution, termination of an instituted trial, or severe estoppel consequences for a petitioner (and its RPIs and privies) in a parallel district court or International Trade Commission (ITC) litigation.