An animal health-care company will get another shot at challenging a pig virus vaccine patent, as US Patent and Trademark Office Director Kathi Vidal announced she’ll take a second look at an administrative patent board’s decision not to take up the challenge.
The challenge “raises issues of particular importance to the Office and the patent community,” Vidal wrote in the order announcing she’d initiated director review.
Vidal’s decision is the first use of the PTO director’s review authority—granted by the US Supreme Court in its June 2021 US v. Arthrex Inc. decision—to reexamine a PTAB denial to institute review ...