I recently wrote about Apple’s pending petition to the Supreme Court on the NHK-Fintiv Rule. Now Mylan Labs has followed up with an additional petition focusing on the same issues:
- Does the no-appeal provision of 35 U.S.C. § 314(d) “categorically preclude appeal of all decisions not to institute inter partes review?”
- Is the NHK-Fintiv Rule substantively and procedurally unlawful?
Mylan Labs. Ltd. v. Janssen Pharmaceutica, N.V. (Supreme Court 2021) [Petition]