Motion to Stop PTAB Trials Fully Briefed in California

October 29, 2020

This past week, the parties in an ongoing Northern District of California lawsuit over the Patent Trial and Appeal Board’s (PTAB’s) NHK-Fintiv rule pushed back against a motion for preliminary relief sought by a group of would-be intervenors, led by US Inventor. Those intervenors have asked the court to enjoin the PTAB from instituting trial in any America Invents Act (AIA) reviews until the USPTO puts forth rules in compliance with the notice-and-comment provisions of the Administrative Procedure Act (APA) to govern the role of discretionary denial of such reviews. Both the group of tech plaintiffs in the case—Alphabet (Google), Apple, Cisco, and Intel—and USPTO Director Andrei Iancu have opposed such a blanket halt to all PTAB trials. To start off its reply brief in support of the motion for preliminary relief, filed this past week, US inventor and its fellow intervenors pose a question for the court.

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