Article

Dealing with the Aftermath

Intellectual Property Magazine

30 Apr 2021

Alex Yap and Jean Nguyen authored an article for Intellectual Property Magazine discussing the U.S. Patent Trial and Appeal Board’s (PTAB) decision in Apple Inc v. Fintiv, Inc, clarifying its approach to whether to deny institution of a post-grant proceeding under 35 USC section 314 based on a co-pending district court proceeding.

“The March 2020 Fintiv order was controversial and provoked a spirited response from stakeholders,” the authors wrote. “This included a federal lawsuit in August 2020 by several of Silicon Valley’s heavy hitters, who alleged that the so-called ‘NHK-Fintiv rule’ is ‘procedurally invalid.’ The U.S. Patent and Trademark Office requested comments on the NHK-Fintiv rule and designated two NHK-Fintiv related decisions precedential.”

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