USPTO Aims To End Tech Giants' PTAB Denials Challenge

Law360 (November 24, 2020, 4:01 PM EST) -- The U.S. Patent and Trademark Office has urged a California federal court to toss out a challenge by Apple and other tech titans over the Patent Trial and Appeal Board's practice of denying inter partes review in light of parallel infringement litigation.

In a dismissal motion Monday, the USPTO said that the tech companies did not have standing to bring their lawsuit over the so-called NHK-Fintiv rule, which is based on PTAB precedent that lays out when parallel infringement litigation is a reason to deny an IPR petition. The companies' challenge is essentially an appeal of the USPTO director's ability to...

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