Intri Plex Technologies News Today

In Apotex, Inc. v. Auspex Pharms., Inc., IPR2021-01507, Paper 9 (P.T.A.B. March 9, 2022), the Patent Trial and Appeal Board exercised its discretion under 35 U.S.C. § 325(d) to deny institution of Apotex's petition for inter partes review.

In Apple, Inc. v. Iancu, Judge Edward Davila dismissed a lawsuit brought by tech companies who had asked to set aside the "NHK-Fintiv rule."

In its precedential order in Apple Inc v Fintiv, Inc, the US Patent Trial and Appeal Board (PTAB) clarified its approach to whether to deny institution of a postgrant proceeding under 35 USC section 314 based on a co-pending district court proceeding. The March 2020 Fintiv order was controversial and provoked a spirited response from stakeholders. This included a federal lawsuit in August 2020 by several of Silicon Valleys heavy hitters, who alleged that the so-called "NHK-Fintiv rule" 1 is "...