A slow year for PTAB precedential decisions
The board designated no precedential opinions last year—will 2022 play out any different, asks Rick Bisenius of Fish & Richardson.
Source: worldipreview.com
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Dealing With The Aftermath - Intellectual Property
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 Valley's heavy hitters, who alleged that the so-called "NHK-Fintiv rule" 1 is "procedurally invalid". The US Patent and Trademark Office (USPTO) requested comments on the NHK Fin...
Source: mondaq.com