Apple, Google Say PTAB Precedent Violates America Invents Act

Technology companies are trying to strike down Patent Trial and Appeal Board precedent on instituting tribunal proceedings when a court trial is underway, arguing an ensuing rule runs afoul of the law, according to a complaint.

Apple Inc. and Alphabet Inc.‘s Google are among the tech companies challenging what they call the “NHK-Fintiv rule.” The rule, according to the complaint filed in the U.S. District Court for the Northern District of California, violates the America Invents Act (AIA), which created the patent board.

“Congress dictated in the AIA exactly when litigation should take precedence over” validity trials known ...