On August 12, 2024, Unified Edge filed an amicus brief with the Federal Circuit addressing whether the USPTO's implementation of Fintiv as a precedential matter violates the Administrative Procedure Act (APA). The brief explains why the USPTO has not only failed to follow the APA’s required rulemaking procedure but also has promulgated the Fintiv factors in the absence of any ambiguity under 35 U.S.C. §§ 314(a) and 315(b).
Unified Edge is part of the Unified Network and advocates for the right policies, focusing on researching, organizing, providing, and promoting data-backed studies and evidence to further regulatory, business, and policy goals. Unified Edge works to keep its members up to date and informed on ongoing policies, data, and the regulatory landscape in order to move the law forward in a just, reasoned, and data-backed way. Unified Edge is represented by Mark Davies, Amanda Woodall, and Yar Chaikovsky at White & Case, and by in-house counsel, Michelle Aspen and Jonathan Stroud. Download the amicus brief below.