Federal Circuit Holds Party Can Challenge PTAB Rulemaking

In Apple, Inc. v. Katherine K. Vidal, the Federal Circuit ruled that Apple and the other plaintiffs could continue their suit on a lone surviving challenge to the PTAB Director’s rulemaking procedures regarding institutional discretion. Apple Inc. v. Vidal, No.5:20-cv-06128-EJD, at 3 (Fed. Cir. Mar. 13, 2023)....
By: Jones Day

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