Has Vidal’s latest decision revitalised the Fintiv rule?

03-03-2023

Muireann Bolger

Has Vidal’s latest decision revitalised the Fintiv rule?

The US Patents and Trademark Office director’s latest key decision has seemingly reinforced the viability of the controversial rule, as Muireann Bolger finds.

For some time it appeared that the power of the controversial Fintiv rule was on the wane—to the chagrin of many patent owners and the delight of petitioners.

But if the latest decision handed down by the US Patent and Trademark Office (USPTO) director Kathi Vidal is anything to go by, predictions of its demise seem decidedly premature.

In CommScope Techs v Dali Wireless issued on February 27, Vidal vacated a Patent Trial and Appeal Board’s (PTAB) decision granting the institution of an inter partes review (IPR) of a CommScope patent.


Kathi Vidal, Fintiv, patents, USPTO, PTAB, Commscope, US

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