Finnegan, Henderson, Farabow, Garrett & Dunner LLP

07/28/2023 | Press release | Archived content

New PTAB Rule Could Lead to Rush of Bids for Vidal's Eye

Kathi Vidal, director for the United States Patent and Trademark Office recently announced the revision of its interim process for the review of decisions at the Patent Trial and Appeal Board (PTAB) in America Invents Act (AIA) proceedings.

For the first time, litigants will have the opportunity to ask the director for a second review when the board institutes, or refuses to institute, proceedings like inter partes reviews. Attorneys believe this change will result in a myriad of requests to the director.

Finnegan partner David Reese told Law360 that, "I think the idea of having a different set of judges provide an objective level of review is what practitioners would be most interested in."

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