Worlds Inc. v. Bungie, Inc. (Fed. Cir. 2018) On September 7, 2018, the Federal Circuit vacated and remanded the PTAB’s ruling that Bungie’s distributor, Activision, was not a real-party-in-interest in Bungie’s IPR against Worlds. In this case, Worlds attempted to add Bungie as a party to an infringement suit against Activision. Bungie thereafter instituted three IPR’s past the 1 year period from the initial complaint against Activision, doing so without naming Activision as a party. Worlds contested that the IPR was time-barred because Activision was a real-party-in-interest. The court found that World’s presented sufficient evidence in the form of an Agreement between Activision and Bungie to reasonably bring into question the accuracy of a petitioner’s identification of the real parties in interest. The Agreement stated Bungie is responsible for conducting “legal reviews of the Products to ensure that all Intellectual Property and other rights are fully cleared for use.” Thus, the court remanded the case to PTAB for further consideration of this evidence.
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