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The Federal Circuit has refused to uphold the dismissal of a complaint alleging that the Director of the Patent and Trademark Office (PTO) improperly issued instructions to PTAB judges regarding.
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
The Director of the USPTO, Kathi Vidal, issued a decision this week raising the likelihood that the Patent Trials and Appeals Board (PTAB) will exercise its discretion to deny the institution of Inter Partes Review (IPR) challenges.
In American National v. Sleep Number Corporation, the Federal Circuit released their final decision affirming the Patent Trial and Appeal Board decision. This decision further underscores the challenge posed by IPRs to patent owners and the importance of IPR filing.