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Big Tech Lawsuit Against Patent Board’s Challenge Rule Tossed (1)

Nov. 10, 2021, 7:30 PMUpdated: Nov. 10, 2021, 8:55 PM

A California federal judge dismissed a lawsuit brought by Apple Inc. and other tech companies trying to strike down a patent office rule that has made it more difficult to get validity reviews at an administrative tribunal.

The suit challenged the NHK-Fintiv rule, which sets out considerations for Patent Trial and Appeal Board judges to weigh when determining whether to institute review of a patent that is part of a parallel infringement case.

Judge Edward Davila in the U.S. District Court for the Northern District of California said that to consider the lawfulness of the rule, he would have to ...