Please join the NYIPLA PTAB Committee on Tuesday, March 18, 2025 at 4:00 p.m. ET via zoom for its March 2025 PTAB Committee Meeting. At this meeting, we will be discussing “USPTO Rescinds Fintiv Rules From Prior Administration: Discretionary Denials at the PTAB Under the Trump Administration”.
Co-chairs Charles R. Macedo and Kenneth R. Adamo will lead a discussion to address the recent announcement by the USPTO that it has rescinded the June 21, 2022, memorandum entitled “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation” (Memorandum).
The USPTO has advised, “Parties to post-grant proceedings should refer to Patent Trial and Appeal Board (PTAB) precedent for guidance, including Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 (PTAB Mar. 20, 2020) (precedential) and Sotera Wireless, Inc. v. Masimo Corp., IPR2020-01019, Paper 12 (PTAB Dec. 1, 2020) (precedential as to § II.A).”
The USPTO also announced that “To the extent any other PTAB or Director Review decisions rely on the Memorandum, the portions of those decisions relying on the Memorandum shall not be binding or persuasive on the PTAB.”
There will be a Q&A session afterward. This event is free to all NYIPLA members and PTAB Committee members. 1.0 NY/NJ CLE credit will be available for attendees.
Please remember to re-register for the NYIPLA and PTAB Committee if you have not yet done so in the new year to continue to participate at no additional cost in the PTAB Committee CLE program on the third Tuesday of every month, at 4:00 p.m. ET.