PTAB Factors For Instituting IPR: What The Stats Show

Law360 (September 18, 2020, 2:29 PM EDT) -- The Patent Trial and Appeal Board has recently garnered significant attention for denying a spate of inter partes review petitions in which the challenged patent is also subject to parallel district court litigation.

In these cases, the PTAB has invoked the so-called NHK-Fintiv rule, which originates from two precedential PTAB decisions, NHK Spring Co. v. Intri-Plex Technologies Inc.[1] and Apple Inc. v. Fintiv Inc.,[2] in which the PTAB applied the rule and then exercised its discretion to deny institution of the IPR trials.

The NHK-Fintiv rule has now been applied by the PTAB in two dozen cases, providing a small but...

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