In a derivation proceeding settlement, what status does the Board hold?

In a derivation proceeding settlement, the Board is considered a nominal party for jurisdiction. This means that while the Board's involvement is minimal, it must still be acknowledged in proceedings where jurisdiction is established. In the context of patent law, the Board's nominal party status allows it to maintain oversight and ensure that any settlements align with the procedural rules governing derivation proceedings. This is important to ensure fairness and compliance with the requirements of the patent system.

The Board does not play an active role in negotiating or enforcing settlements, so its main function is to have jurisdictional oversight rather than to approve agreements or enforce terms directly. Each party to the settlement essentially operates independently, even while the Board holds a nominal position regarding jurisdictional matters. Understanding this status helps clarify the Board's limited but necessary role in the context of patent disputes and agreements.