直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • Articles & Books
    • Ad Law Buzz Blog
    • At the PTAB Blog
    • European IP Blog
    • Federal Circuit IP Blog
    • INCONTESTABLE® Blog
    • Prosecution First Blog
  • Events & Webinars
  • IP Updates
  • Podcasts
    • AI + Finnegan
    • AI + Copyright
    • AI + Patent
    • AI + Privacy
    • AI + Trade Secrets
    • AI + Trademark
  • Unified Patent Court (UPC) Hub

Federal Circuit IP Blog

The Power of Policy: Fintiv Remains Intact at the PTAB

March 12, 2026

Authored and Edited by Leith S. Shafi; Sonja W. Sahlsten; Ryan V. McDonnell

In Apple Inc. v. Squires, No. 24-1864 (Fed. Cir. Feb. 13, 2026), the Federal Circuit affirmed the Northern District of California’s ruling that the USPTO Director’s NHK-Fintiv framework for discretionary denial of inter partes review petitions is a “general statement of policy” exempt from the Administrative Procedure Act’s (“APA”) notice-and-comment requirements.

Apple and others challenged the Director’s instructions to the PTAB governing discretionary denial of institution decisions, arguing that the instructions constituted binding legislative rules and were issued without the notice-and-comment procedures required by § 553 of the APA. The district court rejected Apple’s argument. Apple appealed.

On appeal, the Federal Circuit affirmed. The Court emphasized that Congress created no statutory entitlement to the institution of IPRs and that the Director retains ultimate, unreviewable authority to institute or deny review—regardless of any initial decision by the PTAB acting as the Director’s delegate. Because the challenged instructions neither constrain nor alter the Director’s unreviewable non-institution authority, the Court held that the instructions constitute general statements of policy and therefore do not require notice-and-comment rulemaking under § 553.

Tags

America Invents Act (AIA), Administrative Procedure Act (APA)

Related Practices

Appeals, Issues, and Legal Strategy

Federal Circuit and Supreme Court Appeals

Global IP Enforcement, Litigation, and Trials

Patent Litigation and Trials

Patent Office Invalidation Proceedings

PTAB Invalidation Proceedings: IPR and PGR

Related Industries

AI, Electronics, and Information Technology

Electrical and Computer Technology

Related Offices

Washington, DC

Contacts

Leith S. Shafi
Associate
Washington, DC
+1 202 408 4231
Email
Sonja W. Sahlsten
Partner
Washington, DC
+1 202 408 4329
Email
Ryan V. McDonnell
Associate
Washington, DC
+1 202 408 4167
Email

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

DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information

Related Insights

Charitable

TopGolf for the Troops 2026

June 11, 2026

Ashburn

Federal Circuit IP Blog

Federal Circuit Reinforces Injury-in-Fact Requirement in Appeals from Post-Grant Proceedings

June 10, 2026

Federal Circuit IP Blog

Federal Circuit Affirms Indefiniteness of the Term “About”

June 10, 2026

Federal Circuit IP Blog

Spotlight on Upcoming Oral Arguments – June 2026

June 8, 2026

European IP Blog

UPC Central Division Revokes Patent Covering Covid-19 Treatment Remdesivir

8 June 2026

Articles

California Reaches Record $12.75 Million CCPA Settlement with General Motors Over Driver Data

June 4, 2026

Articles

Article_D.-Mass-Patent-Litigation-Update-October-2024

D. Mass. Patent Litigation Update: April 2026

June 1, 2026

At the PTAB Blog

Consistency Is Key – USPTO Issues Three New Informative Decisions

May 29, 2026

At the PTAB Blog

Discretion All the Way Down: USPTO Uses a Discretionary IPR Denial to Justify a    
§ 325(d) EPR Denial

May 28, 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