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Although the U.S. Supreme Court’s decision in TransUnion LLC v. Ramirez is not related to either patent or administrative law, its effects on constitutional standing are broad-reaching...
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 Apple, Inc. v. Iancu, Judge Davila dismissed a lawsuit brought by tech companies who had asked to set aside the NHK-Fintiv rule, which allows PTAB to consider various factors when determining whether to institute review of a patent that is asserted in ongoing litigation.
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...
Advertisement The Current State of Precedential Opinions and Denials of Institution at the USPTO Patent Trial and Appeal Board: Part 1 Wednesday, May 5, 2021 This article is the first of three that will discuss the USPTO Patent Trial and Appeal Board (“Board”)’s use of Precedential Opinions as guidance when exercising discretion whether to institute petitions for post-grant proceedings, inter partes reviews (IPRs) and post-grant reviews (PGRs). In particular, this article addresses the precedential decision, Apple Inc. v. Fintiv, Inc., [1] which outlines six factors for ...