The Impact of the Fintiv Rule on Patent Litigation
The Fintiv rule, established by PTAB, allows the board to deny patent reviews when a related district court case is likely to go to trial first. This rule has sparked controversy, with critics arguing it introduces unpredictability and can be used to prolong litigation, affecting both patent holders and alleged infringers. As challenges to the rule reach the Supreme Court, potential changes could reshape patent litigation, and companies must adapt their strategies to navigate the evolving landscape.
