OdysseyLogisc v Stewart 3/6 #FedCir affirms dismissal of O's DCt complaint. Ex parte s101 rejection aff'd by PTAB 2018 & FedCir 2020. PTO didn't abuse discretion in denying O's 2021 request for Director review filed 1 week after Arthrex (US2021) but 14 months post-FedCir mandate.
USPTO Withdraws Fintiv Memo on Discretionary Denials in Post-Grant Proceedings https://t.co/Vzb1Ax09dN | by @akin_gump
Discretionary Denials May be on the Rise Following PTAB’s Decision to Withdraw Fintiv Memo https://t.co/AKSyXAlkPM | by @WNJLLP
The Federal Circuit has upheld the denial of a trademark application by the USPTO based on mere descriptiveness, marking a rare case of acknowledged error by the agency. This decision highlights the impact of the USPTO's guidance on trademark applications. Additionally, the USPTO has withdrawn its June 2022 guidance on Fintiv denials, which may lead to an increase in discretionary denials following the PTAB's recent decision. In a separate matter, the Federal Circuit denied Teva’s request for an en banc rehearing regarding an Orange Book patent dispute. The court also affirmed the dismissal of a complaint in the case of OdysseyLogisc v. Stewart, upholding previous rejections by the PTAB and the Federal Circuit. Furthermore, the FDIC has withdrawn its merger policy and brokered deposits proposal, signaling a shift in regulatory approaches.