In Westlaw Today, IP Litigators Examine USPTO Director Guidance on Discretionary Denials of PTAB Petitions
In a Westlaw Today article, IP litigation partners Scott McKeown, Jim Davis, Matt Rizzolo, and associate Brendan McLaughlin examine new interim guidance by U.S. Patent and Trademark Office Director Katherine K. Vidal on the Patent Trial and Appeal Board's (PTAB)approach to discretionary denials of PTAB petitions.
The IP litigators note that consistent with the PTAB proceedings they analyzed, the interim guidance will likely continue a trend toward fewer discretionary denials based upon the PTAB’s precedential Fintiv decision.