March 09, 2023
A recent decision by the director of the patent office will cause the Patent Trial and Appeal Board to spend more time addressing the contentious Fintiv test for deciding whether to review patents, and may lead to more challenges being rejected based on parallel litigation, attorneys say.
February 27, 2023
U.S. Patent and Trademark Office Director Kathi Vidal on Monday said her guidance allowing the Patent Trial and Appeal Board to institute inter partes review even if the so-called Fintiv factors are met doesn't mean that analysis becomes moot.