In 2023, Fintiv the precedential Order issued in 2020 that established a six-factor framework that the Patent Trial and Appeal Board (PTAB) applies when evaluating whether to exercise.
The USPTO responded last week to a petition for certiorari that is asking the Supreme Court to overturn a Federal Circuit decision that said appellate review of whether the Patent Trial and Appeal Board’s discretionary denial rules for inter partes review are “arbitrary and capricious” is precluded by statute.
Although the U.S. Supreme Court’s decision in TransUnion LLC v. Ramirez is not related to either patent or administrative law, its effects on constitutional standing are broad-reaching.