US Patent & Trademark Office PTO Director issued a memorandum addressing interim procedures for discretionary denials in America Invents Act AIA-post grant proceedings at the Patent Trial & Appeal Board. The memo clarified the second factor of the Fintiv analysis
On June 21, 2022, USPTO Director Katherine K. Vidal issued a memorandum titled "Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings With Parallel District Court Litigation."