Sen. Leahy Aims To Override PTAB's Fintiv Rule In New Bill

By Dani Kass (September 22, 2021, 4:37 PM EDT) -- Vermont Sen. Patrick Leahy on Wednesday announced a bill that would abolish the Patent Trial and Appeal Board's controversial power to deny America Invents Act petitions for reasons other than the merits of the case, and would let government agencies file challenges.

The head of the U.S. Senate Judiciary Committee's subcommittee on intellectual property implied the PTAB shouldn't factor in things like the timing of parallel infringement litigation when determining whether to review a patent. If passed, the Restoring the America Invents Act would effectively end the so-called Fintiv rule imposed by the PTAB, which is one of the most contentious...

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