Law360: Squires’ Blackhawk Edits Put Appeal Rights At Risk
October 9, 2025
US Patent and Trademark Office Director John Squires revised his first director review decision on Thursday, deciding that instead of reversing a Patent Trial and Appeal Board patent invalidation, he would vacate it, a move that may take away the challenger's right to appeal it. “By calling the decision ‘vacated’ as opposed to ‘reversed,’ the director can argue that no final written decision exists, and there is nothing to appeal,” O’Melveny partner Tim Fink explained. “The Federal Circuit will have to decide at some point whether it finds this to be a distinction without a difference.”
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