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In Bloomberg Law and Managing Intellectual Property, Scott McKeown Discusses Federal Circuit Challenge to Patent Review Rules

Practices: Intellectual Property, Intellectual Property Litigation, Patent Trial & Appeal Board (PTAB) Proceedings, Patent Litigation, Litigation, Appellate & Supreme Court

In Bloomberg Law and Managing Intellectual Property articles, IP litigation partner Scott McKeown discussed a Federal Circuit remanded decision that challenged the U.S. Patent and Trademark Office’s “discretionary denial” rule, known as NHK-Fintiv, which allows the PTO to refuse a patent review if it is already involved in district court litigation.

Scott explains that the Federal Circuit’s challenge to the rule could prompt the PTO to complete a formal rulemaking process on discretionary denial factors.

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