USPTO Rescinds Vidal Memo: Fintiv is Alive!

The USPTO has rescinded the June 21, 2022, memorandum issued by then-Director Kathi Vidal in cases of parallel district court litigation. This marks a return to a more flexible discretionary denial framework that predated the memo, specifically allowing discretionary denial based on efficiency regarding timing of district court trial vs. the PTAB trial date as outlined in Apple Inc. v. Fintiv, Inc. This podcast episode examines the rescission’s implications, the likely effects on PTAB practice, and the broader consequences for patent litigation strategy.