NHK-Fintiv at the Supreme Court

Time Stamp: August 14, 2021 1:59 PM
Source Node: 1015569

I recently wrote about Apple’s pending petition to the Supreme Court on the NHK-Fintiv Rule.  Now Mylan Labs has followed up with an additional petition focusing on the same issues:

  1. Does the no-appeal provision of 35 U.S.C. § 314(d) “categorically preclude appeal of all decisions not to institute inter partes review?”
  2. Is the NHK-Fintiv Rule substantively and procedurally unlawful?

Mylan Labs. Ltd. v. Janssen Pharmaceutica, N.V. (Supreme Court 2021) [Petition]

Source: https://patentlyo.com/patent/2021/08/fintiv-supreme-court.html

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