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Law360: Vidal’s New Guidance May Make Fintiv Denials Even Rarer

June 22, 2022

US Patent and Trademark Office Director Kathi Vidal released a memorandum detailing factors that the Patent Trial and Appeal Board (PTAB) will consider when deciding to use its discretion on patent reviews. The memo provides more clarity on aggressive trial dates by identifying precise statistics that can be relied on, “so in that sense, it is capturing something that is already happening, but maybe in a way that's easier to apply for the judges and the parties,” said Tim Fink, a partner at O’Melveny & Myers LLP who formerly served as a PTAB vice chief judge.

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