Tech Attys Tell USPTO To Rethink PTAB Review Denials

Law360 (April 12, 2021, 9:17 PM EDT) -- Top attorneys from Cisco and Microsoft called Monday for the next U.S. Patent and Trademark Office director to consider the "practical" realities of the agency's practice of refusing to review patent challenges in light of parallel district court litigation.

Speaking at the American Bar Association Section of Intellectual Property Law's spring virtual conference, Cisco's vice president of intellectual property, Dan Lang, said that he was "not a big fan" of the so-called NHK-Fintiv rule, based on Patent Trial and Appeal Board precedent that lays out when parallel infringement litigation is a reason to deny inter partes review petitions challenging patents....

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