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The Federal Circuit provided new guidance regarding the scope of joinder under 35 U.S.C. § 315(c).  In Facebook, Inc. v. Windy City Innovations, LLC, 2020 U.S. App. LEXIS 8522, *10-12 (Fed. Cir. 2020), the Court addressed two issues of statutory interpretation: (1) whether 35 U.S.C. § 315(c) permits a person to be joined as a party to a proceeding in which it was already a party (“same party” joinder); and (2) whether it permits new issues to be added to an existing IPR through joinder (“new issue” joinder), including issues that would otherwise be time-barred.  Id. at *10. 

The Court answered both questions in the negative, contrary to a decision rendered by the PTAB’s Precedential Opinion Panel.  

Read the full article on our blog, Buchanan PTAB Report.