直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • News
  • Finnegan Facts
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • Pro Bono
  • Management
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

Commentary

Two Director Review Rulings Give PTAB Petitioners a New Edge

September 2, 2022

Managing Intellectual Property

The Supreme Court’s decision in Arthrex ruled that the director of the U.S Patent and Trademark Office (USPTO) had to be given the power to review Patent Trial and Appeal Board (PTAB) decisions. Since settling into her new role as USPTO director, Kathi Vidal has exercised this authority in seven cases, including two precedential decisions believed to favor petitioners in certain instances. Managing Intellectual Property interviewed Finnegan partners Tim McAnulty and Jeff Totten for their thoughts on Vidal’s recent decisions.

In Med-El v. Advanced Bionics, Vidal determined that the petitioner’s reliance on applicant admitted prior art (AAPA) was proper considering the USPTO’s 2022 guidance. Tim said these circumstances indicate that panels must address the merits of AAPA when petitioners raise them.

In UAB v. Bright Data, Vidal overturned the PTAB’s analysis of the factors set forth in General Plastic v Canon Kabushiki Kaisha. The decision suggests that Vidal wants more cases to be heard on the merits. Jeff believes parties may now be encouraged to seek PTAB review when they otherwise would have thought it was not an option.

Read “Two Director Review Rulings Give PTAB Petitioners a New Edge”

Related Practices

Patent Office Invalidation Proceedings

PTAB Invalidation Proceedings: IPR and PGR

Related Offices

Washington, DC

Related Professionals

Timothy P. McAnulty
Partner
Washington, DC
+1 202 408 4348
Email
Jeffrey C. Totten
Partner
Washington, DC
+1 202 408 4232
Email

Related News

Commentary

Levi’s Has Filed 2 New Lawsuits This Year to Protect Its Red Tab Trademark

July 9, 2026

Commentary

‘Oyez, Oyez.’ Supreme Court’s Last Official Crier Dies at 102

July 8, 2026

Commentary

Patent Strategy Could Shape Financing, Valuation and Risk in Offshore Energy Projects

June 30, 2026

Award/Ranking

Finnegan’s European Practices and Attorneys Highlighted in 2026 Managing IP Rankings

June 25, 2026

Commentary

Zync Fights Block of ITC Trade Secret Case Against BMW

June 24, 2026

Press Release

BMW Obtains Preliminary Injunction Against Zync; Federal Court Orders Zync to Halt ITC Trade Secret

June 23, 2026

Commentary

BMW Secures Injunction Forcing Zync to Seek Stay of ITC Trade Secret Case

June 23, 2026

Award/Ranking

Six Finnegan Partners Recognized in the 2026 Lawdragon 500 Leading Global IP Lawyers

June 22, 2026

Award/Ranking

Finnegan Recognized in 2026 BTI Client Service A-Team Rankings

June 22, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP