Askeladden Stresses the Importance of Notice-and-Comment Rulemaking in Apple v. Vidal

For Immediate Release:
Date: August 12, 2024
Contact: Press@patentqualityinitiative.com

New York, NY — Askeladden filed an amicus brief today with the U.S. Court of Appeals for the Federal Circuit in Apple Inc. et al. v. Vidal.  Askeladden’s brief focuses on (i) the historic and ongoing significance and criticality of notice-and-comment rulemaking, (ii) the particular importance of notice-and-comment rulemaking for the patent system and the U.S. Patent and Trademark Office, and (iii) the grave risks to notice-and-comment rulemaking raised by the lower court’s decision

The District Court for the Northern District of California ruled on summary judgment motions in Apple et al v. Vidal in which multiple companies (Apple, Cisco, Google, Intel, and Edwards Lifesciences) are challenging discretionary denials under Fintiv/NHK Spring (order attached). The court held that “[b]ecause the NHK-Fintiv standard is a general statement of policy, rather than a substantive or legislative rule, the Director was not required to conduct notice-and-comment rule making prior to designating the NHK and Fintiv decisions as precedential, and the lack of such rule making does not render the NHK-Fintiv standard unlawful under the APA.”  Apple and the other companies appealed this decision to the Federal Circuit.

In its brief, Askeladden argues that, “[l]eft standing, the district court’s opinion offers the Patent and Trademark Office a roadmap to avoid the Administrative Procedure Act’s notice-and-comment procedures when issuing  significant rules on countless topics. If the agency follows that roadmap, moreover, the result would be a less fair, less stable, and less legitimate patent system.”

Askeladden filed the brief as part of its Patent Quality Initiative, which seeks to improve patent quality and promote innovation by challenging poor quality patents, addressing questionable patent practices, and regularly filing amicus briefs in cases concerning important issues of patent law.

Askeladden is represented by Sidley Austin LLP.

 

About the Patent Quality Initiative

Askeladden is an education, information and advocacy organization with the goal of improving the understanding, use and reliability of patents in financial services and other industries. As part of its Patent Quality Initiative, Askeladden strives to promote better patents and patent holder behaviors by regularly filing amicus briefs, Inter Partes Reviews (IPRs) and engaging in educational activities.