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Commentary

Vidal Issues Non-Binding Guidance on Fintiv Denials

June 23, 2022

Life Sciences Intellectual Property Review

On June 21, U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal released new guidance for discretionary denials for patent validity review at the Patent Trial and Appeal Board (PTAB). Life Sciences IP Review interviewed Finnegan partner and former PTAB administrative patent judge Trenton Ward to discuss the USPTO memorandum.

Trenton explained the guidance provides clarification of the PTAB’s application of the Fintiv rule, but it is not binding on the PTAB. He stated, “The guidance specifically addresses one of the more controversial topics regarding the PTAB’s reliance on a district court’s scheduled trial date for Fintiv consideration. A district court’s scheduled trial date, by itself, is not a good indicator of whether the PTAB’s final written decision will be released before the district court trial.”

Trenton added that the guidance states parties may present “median time-to-trial for civil actions in the district court,” and the PTAB will examine “the speed with which the district court case may come to trial and be resolved.”

Read “Vidal Issues Non-Binding Guidance on Fintiv Denials”

Tags

Patent Trial and Appeal Board (PTAB), United States Patent and Trademark Office (USPTO), Fintiv

Related Practices

Global IP Enforcement, Litigation, and Trials

Patent Litigation and Trials

Patent Office Invalidation Proceedings

PTAB Invalidation Proceedings: IPR and PGR

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