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Reflectix, Inc. v. Promethean Insulation Technology LLC

13086189 (P.T.A.B. Apr. 24, 2015)
Reflectix, Inc. v. Promethean Insulation Technology LLC

10 Cited authorities

  1. Taylor v. Sturgell

    553 U.S. 880 (2008)   Cited 3,382 times   12 Legal Analyses
    Holding that adequate representation requires that "[t]he interests of the nonparty and her representative are aligned" and "the party understood herself to be acting in a representative capacity."

  2. International Nutrition Co. v. Horphag Research, Ltd.

    220 F.3d 1325 (Fed. Cir. 2000)   Cited 23 times
    Stating that the term privity "is simply a shorthand way of saying that nonparty [i.e. , a party not named in a prior action] will be bound by the judgment in that action"

  3. Rule 17 - Plaintiff and Defendant; Capacity; Public Officers

    Fed. R. Civ. P. 17   Cited 9,812 times   23 Legal Analyses
    Providing that, for this type of entity, "[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located"

  4. Section 315 - Relation to other proceedings or actions

    35 U.S.C. § 315   Cited 554 times   901 Legal Analyses
    Permitting the Director to consolidate separate IPRs challenging the same patent

  5. Section 312 - Petitions

    35 U.S.C. § 312   Cited 131 times   122 Legal Analyses
    Governing inter partes reexamination

  6. Section 42.5 - Conduct of the proceeding

    37 C.F.R. § 42.5   Cited 13 times   28 Legal Analyses

    (a) The Board may determine a proper course of conduct in a proceeding for any situation not specifically covered by this part and may enter non-final orders to administer the proceeding. (b) The Board may waive or suspend a requirement of parts 1, 41, and 42 and may place conditions on the waiver or suspension. (c)Times. (1)Setting times. The Board may set times by order. Times set by rule are default and may be modified by order. Any modification of times will take any applicable statutory pendency

  7. Section 42.8 - Mandatory notices

    37 C.F.R. § 42.8   Cited 11 times   12 Legal Analyses
    Requiring a party to "[i]dentify each real party-in-interest for the party"

  8. Section 42.11 - Duty of candor; signing papers; representations to the Board; sanctions

    37 C.F.R. § 42.11   Cited 7 times   40 Legal Analyses

    (a)Duty of candor. Parties and individuals involved in the proceeding have a duty of candor and good faith to the Office during the course of a proceeding. (b)Signature. Every petition, response, written motion, and other paper filed in a proceeding must comply with the signature requirements set forth in § 11.18(a) of this chapter. The Board may expunge any unsigned submission unless the omission is promptly corrected after being called to the counsel's or party's attention. (c)Representations to

  9. Section 42.63 - Form of evidence

    37 C.F.R. § 42.63   Cited 2 times   11 Legal Analyses

    (a)Exhibits required. Evidence consists of affidavits, transcripts of depositions, documents, and things. All evidence must be filed in the form of an exhibit. (b)Translation required. When a party relies on a document or is required to produce a document in a language other than English, a translation of the document into English and an affidavit attesting to the accuracy of the translation must be filed with the document. (c)Exhibit numbering. Each party's exhibits must be uniquely numbered sequentially

  10. Section 42.106 - Filing date

    37 C.F.R. § 42.106   Cited 1 times   4 Legal Analyses

    (a)Complete petition. A petition to institute inter partes review will not be accorded a filing date until the petition satisfies all of the following requirements: (1) Complies with § 42.104 ; (2) Effects service of the petition on the correspondence address of record as provided in § 42.105(a) ; and (3) Is accompanied by the fee to institute required in § 42.15(a) . (b)Incomplete petition. Where a party files an incomplete petition, no filing date will be accorded, and the Office will dismiss the