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.
On March 13, 2023, in Apple, Inc., et al. v. Vidal, Case No. 2022-1249 (Fed. Cir. March 13, 2023), the Federal Circuit reversed and remanded a decision from the Northern District of.
Apple Inc. v. Vidal, Appeal No. 2022-1249 (Fed. Cir. Mar. 13, 2023) In our Case of the Week, the Federal Circuit allowed Apple’s challenge to the Patent Trial and Appeal.
No recent Patent Trial and Appeal Board (PTAB) decision has been more impactful than Apple Inc. v. Fintiv, Inc., IPR2020-00019 (Mar. 20, 2020). It has led to about 200 discretionary.
In Apotex, Inc. v. Auspex Pharms., Inc., IPR2021-01507, Paper 9 (P.T.A.B. March 9, 2022), the Patent Trial and Appeal Board exercised its discretion under 35 U.S.C. § 325(d) to deny institution of Apotex's petition for inter partes review.