On August 27, Auto Innovators joined other innovative companies and trade associations on an amicus curiae brief asking the U.S. Supreme Court to accept certiorari in Apple v. Optis. The case concerns the Patent & Trademark Office’s NHK-Fintiv rule, and the petition filed by Apple asks the Court to hold that the Federal Circuit has jurisdiction to hear challenges to NHK-Fintiv denials. The amicus brief that Auto Innovators joined focuses on the damage the NHK-Fintiv rule does to Congress’s designs for the inter partes review process and explains why the NHK-Fintiv rule is unlawful, and unlawful in ways that means the Federal Circuit has jurisdiction to review it.
August 30, 2021
Legal Briefs