The case raises a critical question of whether the NHK-Fintiv framework, created for discretionary IPR denials, requires formal notice-and-comment rulemaking under the APA, affecting how the USPTO manages inter partes reviews.
The NHK-Fintiv framework has significant implications for the administration of inter partes review petitions; it allows the USPTO to deny petitions based on the status of related district court cases.
As the Federal Circuit considers this case, the potential shift in leadership at the USPTO may influence the agency's approach to discretionary denials, with future decisions at stake.
The procedural challenge against the NHK-Fintiv framework has been deemed reviewable, but substantive challenges have faced dismissal, indicating a complex legal landscape for IPR processes.
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