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Appeal over US PTAB’s Fintiv rule faces Federal Circuit scrutiny

By Nick Robertson ( January 5, 2026, 20:57 GMT | Insight) -- A challenge to the Patent Trial and Appeal Board’s Fintiv rule led by Apple was received with skepticism by a panel of the US Court of Appeals for the Federal Circuit on Monday. Apple argued that the policy should have gone through notice-and-comment rulemaking, but the panel didn’t appear convinced.A panel of the US Court of Appeals for the Federal Circuit appeared to seek an off-ramp on Monday in a challenge to the Patent Trial and Appeal Board’s Fintiv rule. The panel spent as much time discussing the US Patent and Trademark Office’s ongoing PTAB rulemaking as the Fintiv rule itself, signaling that Apple’s challenge may be found moot....

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