Kenneth Weatherwax, co-managing partner at Lowenstein & Weatherwax LLP, was quoted in an November 10, 2021 news analysis of the dismissal of an action challenging the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board’s practice of evaluating petitions for inter partes review of patents under its Fintiv decision, which the Director has made binding on the Board.  Under Fintiv, the Board considers, among other things, the progress and future timing of parallel court challenges involving the same patent.  Mr. Weatherwax noted that statute commits the decision to deny IPR to the Director and makes that decision discretionary and unappealable, so the Board’s decisions to deny such petitions under Fintiv are essentially made on behalf of the Director following the parameters set by the Director under Fintiv for exercising his own discretion.  The article was written by Ryan Davis and published on Law360 and may be accessed here.