SCOTUS: Patent Owner Joins the Section 314(d) Cert Queue

WISECODE Take

On July 28, 2026, FedEx petitioned the U.S. Supreme Court, alleging Qualcomm concealed real parties in interest (RPI) in an IPR. Many mistakenly believe patent litigation is purely about technology, overlooking the procedural defense against behind-the-scenes funders. The core issue is whether PTAB's refusal to resolve RPI disputes is completely immune to judicial review. In Case No. 24-1236, Qualcomm initiated IPRs like IPR2022-00585 against FedEx without disclosing its acquisition target. Under Section 312, failing to disclose RPIs should bar the petition to prevent serial harassment. However, the Federal Circuit cited Section 314(d) to shield PTAB's statutory violation from appeal. This increases uncertainty for foreign companies defending patents in the U.S. Zhidian offers Patent Portfolio Audits to help enterprises strengthen patent resilience at the drafting stage. First, we suggest thoroughly investigating opponents' corporate structures before U.S. litigation to prevent proxy attacks. Second, if challenged, defenses should focus on patent merits rather than relying solely on procedural objections. Whether the Supreme Court grants cert will be a key indicator of procedural justice in the U.S. patent system.