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New Bifurcated PTAB Pretrial Procedure: Procedural Deep Dive and Possible Implications
In the latest action part of a recent whirlwind of Patent Trial and Appeal Board (PTAB) policy and procedural change around the use of so-called “discretionary denial” to refuse to a challenge to the validity of a granted patent, the Acting Director of the United States Patent and Trademark Office (USPTO) Coke Morgan Stewart has issued a memorandum creating a new “bifurcated” pretrial procedure to be used for deciding whether or not to proceed with a trial in response to a petition for inter partes review or post grant review of a granted patent.
Background
FintivThe precedential 2020 decision in Apple Inc. v. Fintiv, Inc. (Fintiv), IPR2020-00019, Paper 11 (PTAB Mar. 20, 2020), held that the PTAB could exercise its discretion and deny a request for patentability review when there was a concurrent proceeding involving the challenged patent, such as District Court litigation or an ITC proceeding, that could potentially address the question of patentability before completion of a trial by the PTAB.
Fintiv had been criticized by some stakeholders as increasing the number of cases denied review, creating uncertainty, and undermining the intent of the America Invents Act by denying access to meritorious patentability reviews.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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