Intellectual Property,
Civil Litigation
Sep. 22, 2020
Ruling outlines factors for denial of IPR based on efficiency grounds
Fintiv sets forth six factors for the PTAB to consider when determining whether to exercise its discretion under 35 U.S.C. Section 314(a) to decline institution of a request for inter partes review if there is a pending district court litigation.
Jeff Smyth
Partner
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Robert Fernandes
Law Clerk
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In May, the Patent Trial and Appeal Board designated Apple Inc., v. Fintiv Inc., IPR2020-00019, Paper 11 (PTAB March 20, 2020) as precedential. Fintiv sets forth six factors for the PTAB to consider when determining whether to exercise its discretion under 35 U.S.C. Section 314(a) to decline institution of a request for inter partes review if there is a pending district court litigation. Because $95
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