On August 5, a series of Big Tech companies including Apple and Google filed an appellate brief at the U.S. Court of Appeals for the Federal Circuit (CAFC) continuing their challenge to the U.S. Patent and Trademark Office’s (USPTO) NHK-Fintiv rule for discretionary denials of inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB). The brief argues that NHK-Fintiv, developed through PTAB precedential decision-making, is a substantive rule requiring notice-and-comment rulemaking because it affects private interests and is binding on administrative patent judges (APJs) at the PTAB.
Recent Posts
- Harrity & Harrity Seeks FT Patent Attorney / Agent in Electrical or Mechanical Technologies
- Understanding IP Matters: Celebrated MIT Engineer and Entrepreneur Develops Medical Devices to Treat Cancer and Other Diseases
- CAFC Finds IPR Petitioner Did Not Rely on AAPA as Basis for Obviousness Grounds in Affirming PTAB Invalidation
- Foreign Price Controls: A Risk to U.S. Medical Innovation and Patient Access
- Other Barks & Bites for Friday, July 11: EGC Affirms Annulment of Rubik’s Cube Marks; Sysco Trade Secret Case Dismissal Affirmed by Fourth Circuit; and EU Advocate General Finds Member States Can Impose Measures to Protect News Content on Meta Platforms