High Court Delays Mulling Apple, Mylan Fintiv Challenges

By Dani Kass (November 24, 2021, 4:33 PM EST) -- The U.S. Supreme Court has pushed back its consideration of whether to tackle the Patent Trial and Appeal Board's discretionary denial practice and has requested more input.

The justices were set to review petitions from Mylan Laboratories and Apple Inc. at their Dec. 3 conference, both of which challenge precedent letting PTAB judges deny patent challenges based on the timing of co-pending litigation. But on Tuesday, they pushed back both considerations.

In the tech case, the Supreme Court wants to hear from Optis Cellular Technology — which had waived its response — by Dec. 23. They likewise rescheduled the pharma case,...

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