RPX Corporation v. VirnetX Inc.
10 Cited authorities
Taylor v. Sturgell
553 U.S. 880 (2008) Cited 3,183 times 12 Legal AnalysesHolding 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."
Expert Electric, Inc. v. Levine
554 F.2d 1227 (2d Cir. 1977) Cited 237 timesHolding that contractors are estopped from re-litigating issues decided in a proceeding against their agent, a professional association created to represent contractors in labor negotiations
Chicago, R.I. P. Ry. v. Schendel
270 U.S. 611 (1926) Cited 254 timesHolding that nominally different parties may be, in legal effect, the same
General Foods v. Mass. Dept. of Public Health
648 F.2d 784 (1st Cir. 1981) Cited 42 timesHolding that "identity of interests" between a party and a nonparty "does not bind [the nonparty] to the judgment"
Section 315 - Relation to other proceedings or actions
35 U.S.C. § 315 Cited 538 times 883 Legal AnalysesPermitting the Director to consolidate separate IPRs challenging the same patent
Section 311 - Inter partes review
35 U.S.C. § 311 Cited 397 times 186 Legal AnalysesEstablishing grounds and scope of IPR proceeding
Section 314 - Institution of inter partes review
35 U.S.C. § 314 Cited 370 times 627 Legal AnalysesDirecting our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"
Section 312 - Petitions
35 U.S.C. § 312 Cited 127 times 116 Legal AnalysesGoverning inter partes reexamination
Section 42.107 - Preliminary response to petition
37 C.F.R. § 42.107 Cited 93 times 56 Legal AnalysesRequiring initiation of IPR within six months of filing and a decision within twelve months thereafter
Section 42.108 - Institution of inter partes review
37 C.F.R. § 42.108 Cited 45 times 69 Legal AnalysesPermitting partial institution