Division at the PTAB: Split Panel Denies Joinder “As a Party” to a Proceeding in Which it is Already a Party

Authored by Michelle Carniaux and Michael E.Sander

The PTAB continues to be split on the question of whether the PTAB has the authority to join an otherwise time-barred party to a inter partes review proceeding in which it is already a party. This week, over a dissent, a majority PTAB panel found that the PTAB does not have such authority.See IPR2015-00762, No. 12 Decision Denying Institution (P.T.A.B. Jul. 20, 2015). This same issue was addressed this past February by an expanded panel, with a 4 to 3 split decision coming to the opposite conclusion. See Target Corp. v. Destiny Maternity Corp., Case No., IPR2014-00508, No. 28 (PTAB Feb. 12, 2015).

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