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Tuesday, January 9, 2024
Michael Shapiro's Bloomberg Law article High Court Denies Intel Bid to Nix Patent Office’s Fintiv Rule is worth reading. It discusses the US Supreme Court's decision to not hear Intel's petition to challenge to the Fintive rule that gives PTAB judges discretion in an inter partes review (IPR) to not institute a patent validity challenge even when the IPR is filed within one year of complaint service if the parallel litigation is at "an advanced stage" in district court. This is a favorable decision for patent owners, since invalidity rates are higher in an IPR than in court.