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Law360: PTAB Permanently Altered By Fintiv, Even As Denials Plummet

November 09, 2022

The rate at which Patent Trial and Appeal Board (PTAB) judges have denied reviews has decreased significantly since the US Patent and Trademark Office director released new limitations over the summer. According to new data from Unified Patents, the number of denials under Section 314(a) of the Patent Act, which is mostly based on Fintiv, dropped to just one over the third quarter of 2022. “Fintiv is discouraging petitioners from waiting too long,” said O’Melveny & Myers LLP partner Tim Fink, a former Vice Chief Judge of the PTAB. “Petitioners, at least the ones I work with, do want to get PTAB proceedings moving as quickly as they can. It’s in their interest to get them moving. It helps with the trial strategy.”

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