Big Tech Urges Court to Toss Patent-Office Rule Limiting Reviews

Apple Inc., Google LLC, and Intel Corp. pleaded with the Federal Circuit to overturn a controversial patent office precedent they say puts a chokehold on agency judges’ discretion when reviewing validity challenges.

A California federal judge erred in concluding a US Patent and Trademark Office precedent known as the Fintiv rule is a “general statement of policy” not subject to public notice-and-comment, the companies argued in an opening brief filed Monday. Fintiv qualifies as a substantive rule requiring pubic feedback because it deprives parties of opportunities to cancel questionable patents and restricts the discretion of tribunal judges, the ...