Analysis

Vidal's New Guidance May Make Fintiv Denials Even Rarer

By Ryan Davis (June 22, 2022, 9:56 PM EDT) -- U.S. Patent and Trademark Office Director Kathi Vidal unveiled new guidance Wednesday on when the Patent Trial and Appeal Board may deny review of patents based on parallel litigation, which attorneys say brings needed clarity and could reduce the already dwindling number of such denials.

The director's memorandum makes several adjustments to how the PTAB will apply its 2020 precedential decision in Apple Inc. v. Fintiv Inc. The ruling established factors the board can consider when deciding whether to use its discretion not to review a patent because related infringement litigation might be over first.

The so-called Fintiv rules have been...

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