Analysis

Fintiv Rule Fight To Continue After Tech Challenge Fails

By Ryan Davis (November 10, 2021, 9:57 PM EST) -- The battle over Patent Trial and Appeal Board denials of patent reviews based on looming district court trials is far from over despite Wednesday's dismissal of a challenge by the tech industry, with the focus shifting to further appeals, potential legislation and the next patent office director.

Northern District of California Judge Edward J. Davila granted the U.S. Patent and Trademark Office's motion to dismiss a suit by Apple, Google and others arguing that the so-called Fintiv rule on inter partes review denials unfairly forecloses many challenges.

The judge held that the suit is precluded by a provision of the America Invents...

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