Federal Circuit Raises “Serious Questions” About PTAB Joinder Practice -

In a recent concurrence in Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co. Ltd., two Federal Circuit judges criticized the Patent Trial and Appeal Board’s (PTAB’s) practice of allowing parties and non-parties to join new issues into instituted proceedings, including issues that would otherwise be time-barred.While Judge Dyk’s concurrence (with Judge Wallach joining) declined to decide the issue, he stated that it is “unlikely that Congress intended that petitioners could employ the joinder provision to circumvent the time bar,” whether the request is brought by the same party or new parties.