Foley & Lardner LLP Associate Roberto Fernandez is quoted in the Law360 article, “Vidal Puts Fintiv Back In The Spotlight With New Ruling,” discussing a recent decision by the director of the U.S. Patent and Trademark Office which will impact how the Patent Trial and Appeal Board (PTAB) will address the Fintiv test for deciding whether to review patents.
“I think the end result is that this underscores the need for both petitioners and patent owners to carefully walk through a proper Fintiv analysis,” Fernandez explained. As the board applies the new guidance and analyzes each factor, “I think it could lead to more Fintiv denials,” he added.
Fernandez noted that attorneys will be carefully watching for decisions from the director and the board that offer insight into the compelling merits standard and all the other aspects of the Fintiv test, since “it’s clearly an area of practice at the PTAB that’s very important to everyone.”
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