Whether the pilot program will stick around after the Board reviews it, [Michelle Armond] noted the “only thing you can say with certainty with IPR proceedings is they’re going to change.”
“What they’re trying to do is set some standards, because there’s a lot of variation right now on this very critical issue about printed publication,” said Michelle Armond.
“The Federal Circuit is trying to tease out the difference between [a real-party-in-interest and a privy],” said Michelle Armond. “They have set forth some different standards, but this area of law is very much evolving.”