Developments re Fintiv Discretionary Denials of IPR Petitions
Many believe Fintiv goes against the intent of the America Invents Act, to allow determining patent validity in the Patent Office, before technical examiners who are best qualified to evaluate validity. Senator Patrick Leahy (D-VT), a co-author of the original Leahy-Smith America Invents ACT, announced on Weds., Sept. 29 that he is introducing a bill that would restore the IPR process to what Congress intended. Among other reforms, it reportedly would overrule Fintiv, and replace it with a list of limited factors for discretionary denial.
While we are pleased to have you contact us by telephone, surface mail, electronic mail, or by facsimile transmission, contacting Kilpatrick Townsend & Stockton LLP or any of its attorneys does not create an attorney-client relationship. The formation of an attorney-client relationship requires consideration of multiple factors, including possible conflicts of interest. An attorney-client relationship is formed only when both you and the Firm have agreed to proceed with a defined engagement.
DO NOT CONVEY TO US ANY INFORMATION YOU REGARD AS CONFIDENTIAL UNTIL A FORMAL CLIENT-ATTORNEY RELATIONSHIP HAS BEEN ESTABLISHED.
If you do convey information, you recognize that we may review and disclose the information, and you agree that even if you regard the information as highly confidential and even if it is transmitted in a good faith effort to retain us, such a review does not preclude us from representing another client directly adverse to you, even in a matter where that information could be used against you.