Weigh Fintiv Before ‘Unpatentability’ Probe, Vidal Tells Board

An administrative tribunal must first determine it can deny a patent validity challenge based on parallel litigation before weighing whether a review is still warranted because of “compelling” unpatentability arguments, US Patent and Trademark Office Director Kathi Vidal ruled.

In a precedential decision issued Monday, Vidal vacated the Patent Trial and Appeal Board’s decision to review a wireless network patent in a dispute between Commscope Technologies LLC and Dali Wireless Inc.

The board said it instituted “inter partes” review because Commscope presented “compelling unpatentability challenges.”

But Vidal said the PTAB did so without weighing the first five factors of what’s ...