Tribunal Rule Among Top Patent Litigation Issues Going Into 2022

Debates have been simmering over a rule that allows the Patent Trial and Appeal Board to turn away a patent challenge based on the progress of a parallel infringement case. Next year could be a tipping point.

The NHK-Fintiv rule headlines a set of issues in patent litigation that attorneys will be watching heading into 2022.

The rule, which grew out of agency precedent, allows the PTAB to reject a patent validity challenge when a parallel infringement case is in its later stages. The rule can make it harder for accused infringers to get board review, some companies say.

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