Law360: PTAB Denial Rules Shaken Up By Fintiv Memo Withdrawal
February 28, 2025
The US Patent and Trademark Office (USPTO) rescinded a memo issued by former USPTO Director Kathi Vidal in 2022 regarding scenarios in which the Patent Trial and Appeal Board (PTAB) would not review patents due to parallel litigation. O’Melveny partner Tim Fink, a former PTAB vice chief judge, said some aspects of the memo “actually created some confusion among panels” since there were “shifting ways to apply its compelling merits test,” and it was unclear how to use the district median time to trial statistics “when such statistics might not reflect the time to trial for a particular judge.”
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