Silicon Valley Challenges the PTAB’s NHK-Fintiv Rule: Can IPRs Be Denied Based on Non-Statutory Factors?

Grant Lukas of Rothwell, Figg, Ernst & Manbeck, P.C. explores the contentions argued by four major technology companies – Apple, Cisco, Google, and Intel – brought in a suit against  the United States Patent and Trademark Office (“USPTO”). In both Apple Inc. v. Fintiv, Inc., and NHK Spring v. Intri-Plex Techs., it was decided that the PTAB would be allowed to deny institution of IPRs, based on previous court proceedings. Lukas expands further on the arguments brought forth by the tech companies, as well as the Court’s decisions, at the link below.

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