News & Analysis as of

International Trade Commission (ITC) Patents New Guidance

McDermott Will & Emery

Fintiv Guidelines for Post-Grant Proceedings Involving Parallel District Court Litigation

On March 24, 2025, the US Patent & Trademark Office (PTO) released new guidance that clarifies application of the Fintiv factors when reviewing validity challenges simultaneously asserted at the Patent Trial & Appeal Board...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Issues Guidance on Discretionary Denials

In a recent newsflash, we discussed the USPTO’s withdrawal of its 2022 memorandum that detailed how the PTAB would exercise its discretion to deny petitions for inter partes review and post-grant review. New guidance from the...more

Axinn, Veltrop & Harkrider LLP

Fintiv and the Resurgence of PTAB Discretionary Denials Involving the ITC

On March 24, 2025, the United States Patent and Tradmark Office (“USPTO”) issued a new Memorandum providing guidance on discretionary denials (or “Fintiv denials”) for inter partes review (“IPR”) challenges based on...more

Jones Day

PTAB Issues Updated Fintiv Guidance

Jones Day on

After rescinding the June 2022 guidance regarding Fintiv, the PTAB issued updates to how they will consider discretionary denial issues under Section 314(a) on Monday.  ...more

Rothwell, Figg, Ernst & Manbeck, P.C.

USPTO Withdraws June 2022 Guidance on Fintiv Denials

On Friday, February 28, 2025, the United States Patent and Trademark Office (USPTO) announced the withdrawal of the June 2022 memorandum titled “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with...more

Fish & Richardson

USPTO Rescinds 2022 Guidance on Discretionary Denials

Fish & Richardson on

On February 28, 2025, the United States Patent and Trademark Office announced that it has rescinded the June 21, 2022, memorandum about discretionary denials in Patent Trial and Appeal Board (PTAB) post-grant proceedings with...more

Akin Gump Strauss Hauer & Feld LLP

USPTO: Compelling Evidence of Unpatentability Forecloses Fintiv Denial

The USPTO recently issued new guidance on how the Patent Trial and Appeal Board (PTAB) will apply Apple Inc. v. Fintiv Inc., a 2020 precedential decision which laid out considerations for denying institution of a post-grant...more

WilmerHale

USPTO/PTAB Update - February 2021

WilmerHale on

USPTO Director Andrei Iancu and Deputy Director Laura Peter resigned from their respective posts prior to inauguration day. Commissioner for Patents Drew Hirschfeld and Senior Counsel Coke Morgan Stewart are temporarily...more

Mintz

DOJ Releases Electrifying New Guidance on Standard-Essential Patent Policy

Mintz on

The Department of Justice (the “Department” or “DOJ”) continued its multi-pronged defense of standards-setting organizations (SSOs) who adopt patent policies to prevent hold-up during licensing negotiations. Last week’s...more

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