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18 March 2021PatentsMuireann Bolger

SK hynix convinces PTAB to bypass NHK-Fintiv rule in patent review

Semiconductor company SK hynix has persuaded the US Patent Trial and Appeal Board (PTAB) to ignore the ‘NHK-Fintiv rule’ and review a memory module patent held by a competitor, Netlist.

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Analysing ‘Takings Clause’ challenges to PTAB reviews
4 May 2021   SCOTUS has refused to review a constitutional challenge to reviews at the Patent Trial and Appeal Board, affirming an earlier decision holding that a patent is not private property. David McCombs, Eugene Goryunov, Jonathan Bowser, and Judy He of Haynes and Boone report.
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Judge dismisses big tech’s NHK-Fintiv challenge
11 November 2021   A California judge has terminated a lawsuit from Apple, Cisco, Google and Intel challenging the Patent Trial and Appeal Board’s practise of denying inter partes review due to parallel litigation in district courts under the NHK-Fintiv rule.
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Fed Circ split over mandate in time-barred PTAB case
16 May 2022   The US Court of Appeals for the Federal Circuit says that it has no place reviewing a Patent Trial and Appeal Board decision to terminate an inter partes review of a gas pressure regulator patent.


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