It’s Confirmed: Discretionary Denials Will Likely be on the Rise Following USPTO’s New Guidance Following Withdrawal of Fintiv Memo
By EsqSocial Corporation 03/04/25
Following the U.S. Patent and Trademark Office’s (USPTO’s) decision to rescind the Fintiv Memo on Feb. 28, 2025, the result was that the Patent Trial and Appeal Board (PTAB) would have greater flexibility in exercising its discretion to deny post-grant review (PGR) and inter partes review (IPR) petitions. As we wrote then, it was unclear whether further guidance was forthcoming, but challenging the validity of a patent through either a PGR or IPR had become more difficult....
By: Warner Norcross + Judd