PTAB Sets New Precedent On Instituting Reviews Under Fintiv

Law360 (December 17, 2020, 10:28 PM EST) -- The Patent Trial and Appeal Board on Thursday made two decisions precedential where the board instituted review of patents while there was pending litigation in court, illustrating situations where the board's controversial Fintiv test did not lead it to deny review.

The PTAB's precedential decision known as Fintiv set out factors where the board can decide to exercise its discretion not to review patents when there is parallel infringement litigation dealing with the same issues. The policy is being challenged in court by companies that say it makes it too difficult to get patents reviewed.

The newly precedential opinions involve cases...

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