Apple 1st To Ask Justices To Weigh In On PTAB's Fintiv Policy

By Britain Eakin (July 29, 2021, 5:23 PM EDT) -- Apple has asked the U.S. Supreme Court to decide whether the Federal Circuit has the authority to review decisions in which the Patent Trial and Appeal Board exercises its discretion to deny patent reviews in light of parallel district court litigation, marking the first time the justices have been asked to wade into the matter.

In a July 26 petition docketed Wednesday, Apple asked the Supreme Court to review a Federal Circuit ruling dismissing its challenge to the PTAB's controversial policy under the so-called NHK-Fintiv rule, which is based on a pair of precedential board decisions outlining binding factors the board...

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