Healthy young man and a woman hiking and enjoying the view from the top of King Creek Ridge, Kananaskis Country, Alberta, Canada on a bright sunny day. Back packing in the Canadian Rockies.

New Guidance Regarding Fintiv Discretionary Denial at the PTAB

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Two recent memoranda from the Patent Trial and Appeal Board (PTAB or Board) have sought to clarify the factors by which boards will evaluate discretionary denial under Fintiv. This guidance follows the U.S. Patent and Trademark Office’s (USPTO) rescission of its earlier June 2022 guidance regarding Fintiv….
By: Holland & Knight LLP
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