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US Patent Office and Rulemaking Guidance on Discretionary Denials

Federal Circuit refused to uphold dismissal of complaint alleging Director of the Patent and Trademark Office improperly issued instructions to PTAB judges regarding whether to institute requested patent review proceedings. Complaint alleges Fintiv factors improperly issued

PRECEDENTIAL: Compelling Merits Analysis Only When Other Factors Indicate Denial - Patent

In IPR2022-01242, Director Vidal clarified that her prior guidance, which allows the Board to institute inter partes review even if the Fintiv factors favor discretionary denial first requires the Board.

USPTO Director Vidal: Decision on Treatment of Multiple Dependent Claims Is Precedential | Morgan Lewis

US Patent and Trademark Office (USPTO) Director Katherine K. Vidal recently designated as precedential a decision by the Patent Trial and Appeal Board (PTAB or Board) in IPR2020-01234,.

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