California Court Dismisses Tech Companies’ Challenge to the PTAB’s NHK-Fintiv Rule

  • November 14, 2021
  • Category: Patent Litigation Feature

The Northern District of California has just dismissed a challenge brought by a group of tech companies against the NHK-Fintiv rule, a controversial practice allowing the Patent Trial and Appeal Board (PTAB) to tie America Invents Act (AIA) review institution to the status of parallel infringement litigation. On November 10, District Judge Edward J. Davila ruled that the lawsuit filed last August by Apple, Cisco, Google, and Intel against then-USPTO Director Andrei Iancu was barred under the US Supreme Court’s decision in Cuozzo Speed Technologies v. Lee, which precludes appellate review of institution decisions and has since been extended to matters “closely related” to institution.

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