June 14, 2019 / 12:07 PM / 3 days ago

In win for Power Integrations, Fed Circuit schools PTAB on timeliness of IPRs

The Patent Trial Appeal Board must determine who the real parties in interest are on the date it institutes a patent review, not the date the petition for review was filed, a federal appeals court held in a case of first impression on Thursday.

The U.S. Court of Appeals for the Federal Circuit vacated a win for ON Semiconductor in a patent challenge against Power Integrations Inc, finding the petition for inter partes review was untimely. The PTAB instituted review in September 2016 – four days after ON merged with Fairchild Semiconductor, which Power Integrations had successfully sued for infringement of the same patent in 2009.

To read the full story on WestlawNext Practitioner Insights, click here: bit.ly/2N2dhKr

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