Achates Reference Publ'g, Inc. v. Apple Inc., No. 14-1767 (Fed. Cir. 2015)
Annotate this CaseAchates sued QuickOffice, Apple, and others for infringing its patents.Apple sought inter partes review. The Patent and Trademark Office found certain claims invalid, rejecting Achates’s claim that, based on a blank indemnification agreement, Apple had a relationship with QuickOffice and that such relationship caused Apple’s petitions for IPR to be time-barred under 35 U.S.C. 315(b). The Board denied Achates’s motion for discovery of evidence to prove Apple’s specific relationships with the codefendants, finding no basis to believe that even if the blank indemnification agreement had been signed, it would show QuickOffice or any other codefendants to be real parties in interest or in privity with Apple as those terms are used in section 315(b). The Federal Circuit dismissed an appeal for lack of jurisdiction, stating that the decision to institute inter partes review were final and nonappealable under 35 U.S.C. 314(d).
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