Patents, Investigations, Patent Trial and Appeal Board

PTAB Considers Discretionary Denial Based on Parallel ITC Investigation, After Withdrawal of Fintiv Memo

Akin Gump Strauss Hauer & Feld LLP on 5/12/2025

In an institution decision following the USPTO’s withdrawal of its Fintiv Memo, the board addressed discretionary denial of an IPR under Fintiv in view of a parallel ITC investigation. The board noted it would not consider...more

PTAB Issues Memo on Fintiv Analysis Changes

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 3/26/2025

On March 24, 2025, Chief Administrative Patent Judge Scott R. Boalick issued a memo directed to the members of the Patent Trial and Appeal Board (PTAB) explaining why the USPTO’s June 2022 Fintiv memo was rescinded and how...more

[Event] 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement - March 31st - April 1st, Washington, DC

American Conference Institute (ACI) on 3/6/2025

Examine real-world strategies for tackling the most pressing challenges in ITC practice at ACI’s 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement. Be in the same room with leading in-house counsel,...more

Women at the ITC in 2023: What This Year's Data Shows

Troutman Pepper Locke on 4/3/2024

For the second year in a row, we pulled and analyzed data on the number of women who appeared in International Trade Commission (ITC) investigations. This year’s data confirms what we saw last year: that women are...more

Too Many Bites at the Apple?

Sheppard Mullin Richter & Hampton LLP on 7/26/2022

When a patent owner loses at the International Trade Commission (“ITC”), can it hire new counsel and try again in district court? That question will be answered in Gamevice, Inc. v. Nintendo Co., Ltd. et al, No. 3-18-cv-01942...more

Interim Procedure for Discretionary Denials Established

Jones Day on 7/15/2022

On June 21, USPTO Director Kathi Vidal issued a memorandum concerning the PTAB’s practice of determining whether to institute an AIA post-grant proceeding in view of the Fintiv factors. The memorandum is in part a result of...more

ITC Threat for Gaming Companies Grows with PTAB Discretionary Denials

Sheppard Mullin Richter & Hampton LLP on 1/18/2021

While most patent disputes involving gaming companies are located in district courts, the ITC remains a viable option for at least some gaming disputes, where a patent owner can have the U.S. government bar importation of...more

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