Michael T Morlock

1 month ago | jdsupra.com | Andrea Anderson |Michael T Morlock

On Friday, February 28, the Patent Office officially rescinded Dr. Vidal’s June 21, 2022, memorandum addressing IPR discretionary denial (“2022 Memorandum”). The 2022 Memorandum provided guidance to the PTAB in applying discretionary denial based on the six Fintiv factors—and had the effect of restricting the Board’s ability to discretionarily deny institution.

1 month ago | lexology.com | Michael T Morlock |Andrea Anderson

On Friday, February 28, the Patent Office officially rescinded Dr. Vidal’s June 21, 2022, memorandum addressing IPR discretionary denial (“2022 Memorandum”). The 2022 Memorandum provided guidance to the PTAB in applying discretionary denial based on the six Fintiv factors—and had the effect of restricting the Board’s ability to discretionarily deny institution.