Bloomberg Law
Sept. 4, 2020, 4:03 PMUpdated: Sept. 4, 2020, 8:13 PM

Facebook Foiled in Second Attempt to Join Own Patent Case (1)

Perry Cooper
Perry Cooper
Legal Reporter
Ian Lopez
Ian Lopez
Senior Reporter

Facebook Inc. couldn’t join Patent Trial and Appeal Board proceedings in which it was already involved, or add issues that otherwise would have been time-barred, the Federal Circuit underscored in a modified opinion.

The U.S. Court of Appeals for the Federal Circuit held in March that the Patent Act “does not authorize same-party joinder, and also does not authorize joinder of new issues, including issues that would otherwise be time-barred.”

Facebook asked the three-judge panel that issued the original decision or the full Federal Circuit to review the ruling, arguing that the recent U.S. Supreme Court’s decision in Thryv Inc. ...

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