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Federal Circuit cements broad USPTO director discretion, upholds Fintiv

By Nick Robertson ( February 17, 2026, 20:45 GMT | Comment) -- A US Court of Appeals for the Federal Circuit decision siding with the US Patent and Trademark Office in Apple’s challenge to the NHK-Fintiv standard is a victory for the office, reinforcing the director’s broad discretion that has underpinned major changes to the Patent Trial and Appeal Board in the last year.The US Court of Appeals for the Federal Circuit affirmed a district court decision Friday that the US Patent and Trademark Office director has broad discretion over institution decisions at the Patent Trial and Appeal Board, a victory for the office as it relies on that discretion to reshape the PTAB....

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