"The Board's reliance on Uniloc 2017 LLC v. Hulu, LLC is inappropriate because Uniloc concerned a proposed substitute claim, not an already-issued claim found invalid by a district court, Vidal said."United States Patent and Trademark Office (USPTO) Director Kathi Vidal issued a sua sponte Director Review decision on Tuesday explaining that the Patent Trial and Appeal Board's (PTAB's) reading of the inter partes review (IPR) statute was incorrect, and directing the Board to revisit a petition brought by Volvo Penta of the Americas, LLC and to analyze the Fintiv factors in view of a parallel district court proceeding.
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