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The PTAB's recently designated precedential decision in Realtek Semiconductor Corp., v. ParkerVision, Inc., Nos. IPR2025-00324 and IPR2025-00325, Paper No. 11 (June 25, 2025), makes clear that an otherwise time-barred petition will be allowed to join a pending instituted PTAB proceeding "only in exceptional circumstances." In this case, Petitioners Texas Instruments and NXP (via copycat petition) had challenged a patent owned by ParkerVision, and the PTAB had instituted review on December 19, 2024. See IPR2024-00935.
On December 24 225, Realtek filed a copycat petition and sought to join the pending Texas Instruments/NXP proceedings. IPR2025-00324 and IPR2025-00325. ParkerVision moved for discretionary denial of Realtek's petition and motion for joinder. The PTAB first noted that although RealTek's petition was time barred, "§ 315(b) permits time-barred parties to file a petition when seeking joinder under § 315(c)." Realtek, Paper No. 11 at 3. The PTAB then considered whether, as a matter of fairness and discretion, Realtek should be permitted to proceed. Id. It concluded that it would not be fair to allow Realtek to proceed, and moreover, stated that "[p]etitions filed by time-barred parties should proceed only in exceptional circumstances." Id. The PTAB denied institution for Realtek's petitions. Id.
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