USPTO Fights Inventors' Bid To Enter PTAB Denials Challenge

Law360 (November 17, 2020, 6:09 PM EST) -- The U.S. Patent and Trademark Office is fighting an inventor group's request to enter a challenge brought by Apple and other tech giants over the Patent Trial and Appeal Board's practice of denying inter partes reviews in light of parallel infringement litigation.

In a brief Monday, the USPTO urged a California federal judge to reject US Inventor's motion to intervene in the tech companies' lawsuit over the so-called NHK-Fintive rule, which is based on PTAB precedent that lays out when parallel infringement litigation is a reason to deny an IPR petition.

Notably, the USPTO took umbrage with the inventors' claim that...

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