Analysis

Fintiv Rule Challenges Face Long Odds After Fed. Circ. Ruling

By Ryan Davis (March 16, 2021, 9:20 PM EDT) -- A Federal Circuit ruling from last week suggests critics of the Patent Trial and Appeal Board's policy of refusing to review patents when a trial is looming in district court face major obstacles in getting the courts to overturn the rule, and may need to hope the patent office or Congress steps in.

Technology companies and generic-drug makers have said the policy, known as the NHK-Fintiv rule after the PTAB rulings that established it, unfairly restricts the ability to seek inter partes review of patents under the America Invents Act. But in a decision Friday, the Federal Circuit all but ruled out...

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