Motion to Terminate IPR Proceeding Denied

December 28, 2015 – The PTAB denied Blue Belt’s motion to terminate an IPR proceeding in which it argued the Petitioner, Mako Surgical Corp., failed to name the true patent owner as a real party in interest.  The PTAB reasoned that 35 U.S.C. § 312(a)(2) does not require the Petitioner to identify all real parties in interest for the Patent Owner.  “That section of the statute requires Petitioner to name all of its real parties-in interest, but does not require Petitioner to name Patent Owner’s real parties-in interest.”

The case is captioned Mako Surgical Corp. v. Blue Belt Technologies, Inc., et al., IPR2015-630.  The patent-at-issue is U.S. Patent No. 6,205,411 titled, “Computer-Assisted Surgery Planner and Intra-Operative Guidance System.”

By:  Christopher J. Stankus

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