Commenting for World Intellectual Property Review on the nomination of Kathi Vidal to head the USPTO and future PTAB decisions in light of US v. Arthrex and what the article calls “increasing opposition to its widespread application of the controversial NHK-Fintiv rule,” Washington, DC principal Nick Matich said that Fintiv will likely remain in place, “but with individual panels giving less weight to district court proceedings than they have. Overall, the number of Fintiv denials seems likely to drop, but the shift will be gradual and modest.” He added, “If appointed, Vidal’s stance in this controversial area will be watched closely. The biggest outstanding question regarding Arthrex is how the new director, if she is confirmed, will exercise her authority, both substantively and procedurally. As the first Senate-confirmed director post-Arthrex, she’ll have a clean slate to write on.” Read the article here.
