CAFC Upholds No Same-Party or New Issue Joinder for IPRs at the PTAB
September 14, 2020
Authored and Edited by Seth W. Bruneel; Caitlin E. Fowler; Elizabeth D. Ferrill
In Facebook, Inc. v. Windy City Innovations, LLC, No. 2018-1400 (Fed. Cir. Sept. 4, 2020), the Federal Circuit in a re-issued opinion maintained its holding that the text of 35 U.S.C. § 315(c) does not authorize same-party or new issue joinder to an existing IPR but modified the opinion to further expand on the Court’s authority to review the Board’s joinder decision. For more detailed analysis of this case and its impact on post-grant proceedings, please see on Finnegan’s Federal Circuit IP Blog.
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