Inventors Want New PTAB Challenges Halted In Fintiv Fight
Law360 (February 22, 2021, 9:32 PM EST) -- Inventor group U.S. Inventor is asking a Texas federal court to block the U.S. Patent and Trademark Office from instituting new patent challenges until the agency undertakes a formal rulemaking process concerning its policy of denying review based on parallel litigation.
In an amended complaint on Friday, U.S. Inventor and others said that the Patent Trial and Appeal Board's practice of issuing discretionary denials runs afoul of the America Invents Act, which requires the USPTO director to "prescribe regulations" on what is considered "sufficient grounds" to institute review. The agency only marks some rulings as precedential, but these decisions are "shortcuts...
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