Patent Office Joins Facebook to Argue Against Joinder Review

The Patent and Trademark Office urged the Federal Circuit to undo the court’s three-judge panel decision banning Facebook Inc. from adding petitions to challenge more patent claims in the agency’s tribunal.

The agency’s amicus filing Wednesday, echoing Facebook arguments in its en banc petition, said a recent Supreme Court decision on USPTO proceedings justifies overturning the panel’s ruling.

The filings show the agency’s close monitoring of the Facebook case, which goes against a precedential tribunal decision.

The appellate panel ruled In Facebook Inc. v. Windy City Innovations LLC that the tech giant couldn’t join itself in Patent Trial ...