APA Challenge Strikes a Chord
I’ve read a number of articles over the past few days that argue since the mandamus on Fintiv failed in Mylan Laboratories Ltd. v. Janssen Pharmaceuticals N.V., that this decision somehow forecloses the relief sought in the APA suit against the USPTO — not even close. The question of appellate jurisdiction over denied institution decisions (or what would amount to a proper mandamus) has absolutely nothing to do with the direct challenges made by the plaintiffs in the pending APA lawsuit.
Indeed, I expect the application of Fintiv to be enjoined within weeks (if not sooner).
Continue Reading PTAB Fintiv Factors Likely to Be Enjoined as APA Violation