Unified Patents Members Not Real Parties-in-Interest

In the decision granting inter partes review, the Board rejected the patent owner's arguments that institution should be denied for failure to identify all real parties-in-interest. "The mere fact that members provide payment to [the petitioner] for a subscription to [the petitioner's] services is insufficient to show that these members are funding this particular inter partes review. The evidence does not show an obligation on [the petitioner's] part to file inter partes review proceedings on behalf of any member in return for payment, nor does it show that [the petitioner's] members have any control over when and how [the petitioner] spends the revenue received from its members. Instead, the evidence shows that [the petitioner] makes all decisions regarding any inter partes review proceeding without input from its members, and that [the petitioner] alone bears all costs of any such proceeding."

Petition for Inter Partes Review by Unified Patents Inc., IPR2016-00364 (PTAB June 27, 2016, Order) (Meyer Chagnon, APJ)