Tag: fintiv
Step 1: Destroy IPR. Step 2: ??? Step 3: Profit.
Last week, the USPTO issued a Notice of Proposed Rulemaking (NPRM) containing major changes to the institution process for inter partes review. Combined with other changes made by the USPTO, inc...
Samsung and Google Join Growing Chorus Challenging USPTO’s Unlawful PTAB Changes
The list of companies challenging the U.S. Patent and Trademark Office’s (USPTO) new discretionary denial regime just keeps getting longer. On August 18th, Samsung and Google filed a joint writ of m...
The USPTO Acting Director Uses “Settled Expectations” to Violate the Rule of Law
The America Invents Act (AIA) created a system of “inter partes review” (IPR), which was intended to make it easier for alleged patent infringers to challenge the validity of patents they’re acc...
Acting Director Stewart Issues a One Page Decision Denying Institution
In the MediaTek v. Daedalus IPRs, there's been some developments. In one IPR, the PTAB instituted the challenge over a request from the patent owner for discretionary denial. The APJs carefully went...
New, Illegal, Guidance Means More Arbitrary Denials, Less Accountability at USPTO
Last week, Acting USPTO Director Coke Morgan Stewart accelerated the agency’s recent backslide on policies governing the Patent Trial and Appeal Board (PTAB) by issuing an “interim process” that...
To Reverse The Progress: The Restoration of Fintiv
In 2022, USPTO Director Kathi Vidal released a guidance memo titled “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation.” The m...
New Report Demonstrates Need for Robust Post-Grant Validity Review
In September, the Sunwater Institute published a report analyzing patent quality in the United States. With significant implications for ongoing policy debates on Capitol Hill and beyond, it is import...
American Technology Manufacturers Renew Fight Against Fintiv
In a renewed effort to challenge the so-called NHK-Fintiv rule, earlier this month Apple, Cisco, Google, and Intel asked the Federal Circuit to strike down the widely-criticized Fintiv doctrine for be...
USPTO Should Conduct Expedited Reviews for Discretionarily Denied PTAB Petitions
The USPTO's invalidation of both patents involved in the ongoing legal battle between Intel and VLSI is the most recent development in a long and contentious debate among those who watch Patent Trial ...