Tag Archive for discretionary denials

Fintiv Denials Playing a Role in Huawei Assertion Campaign

Whenever we discuss the U.S. patent system, it’s critical to recall that while these patents are U.S. patents, anyone in the world can obtain one.  And they do.  In fact, in FY2020, of the 399,055 patents issued by the USPTO, 210,695—more than half—were obtained by residents of foreign countries.  Any changes that are made to…

Comments on USPTO’s Newest Regulation Overall Oppose Discretionary Denial Rules

The USPTO is considering whether to enshrine discretionary denial of inter partes review cases into regulation.  Last week, comments were due on the most recent portion of this process.  (CCIA’s comments criticizing the current General Plastic, Valve, NHK Spring, and Fintiv precedential opinions, and explaining why they should not be converted into rules, can be…

Changes Reducing IPR Institution Rate Have Increased Litigation Frequency and Cost

graph showing close correlation between cost of NPE litigation and increases in procedural denials of IPR

The U.S. Patent and Trademark Office’s precedential opinions on discretionary denial are the subject of significant attention—a withdrawn attempt by the Trump Administration to codify discretionary denial as a rule, a request for comments on rulemaking by the Office, and a challenge to the practice of discretionary denial as illegal under the Administrative Procedure Act.…

Nartron IPRs a Touchstone For Understanding PTAB Discretion

The PTAB’s recent institution decisions in petitions filed against US5,796,183, a touchscreen patent owned by Nartron, are useful in understanding how the PTAB can be expected to address other situations with multiple simultaneous petitions, especially when a later petitioner may be able to benefit from a decision on an earlier petition.