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The US Court of Appeals for the Federal Circuit on June 13, 2019, vacated and remanded a Patent Trial and Appeal Board (PTAB) decision which had invalidated Power Integrations’ Patent No. 6,212,079 (the ’079 patent) because the inter partes review (IPR) was time-barred under § 315(b). Power Integrations, Inc. v. Semiconductor Components, Fed. Cir., No. 18-01607, 6/13/19.

Power Integrations argued that the IPR was time-barred by § 315(b) because Fairchild, a barred party, was an admitted real party in interest (RPI) before institution.

The Board in this case held that RPI and privity relationships for purposes of the§ 315(b) time-bar are only relevant up to the date the petition is filed. The Court agreed with Power Integrations’ reading of 315(b), saying that it requires consideration of privity and real party in interest (RPI) relationships arising after filing the petition but before the institution of it.