Tech Titans Strike Chord With Judge On PTAB Denials Suit

By Britain Eakin (March 11, 2021, 10:19 PM EST) -- A California federal judge seemed persuaded at times on Thursday by an argument from Apple and other tech giants that the Patent Trial and Appeal Board's practice of denying patent reviews due to looming trials in parallel district court litigation is unlawful.

In considering their motion for summary judgment to strike down the practice of denials and bar the U.S. Patent and Trademark Office from further relying on it, U.S. District Judge Edward J. Davila said that he had some concerns about how the USPTO director implemented the practice. During the roughly 90-minute Zoom hearing, he questioned whether it should have...

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