Patent Office Reverts to Trump-era Rule on Validity Challenges

The US Patent and Trademark Office issued new guidance explaining the reinstatement of a patent-owner friendly precedent that eases administrative judges’ ability to reject validity challenges for patents in parallel infringement suits.

In a memo released Monday, Chief Administrative Patent Judge Scott Boalick said the Patent Trial and Appeal Board will apply Apple v. Fintiv from 2020 when reviewing patent validity simultaneously asserted in district court or at the International Trade Commission.

The guidance comes after the PTO axed a 2022 memo issued by Biden-era PTO Director Kathi Vidal, which had pared back the rule by preventing PTAB from rejecting ...