As Attys Sharpen PTAB Strategies, Fintiv Denials Are Falling

By Britain Eakin (October 27, 2021, 5:27 PM EDT) -- The rate at which the Patent Trial and Appeal Board uses its discretion to deny patent reviews under the precedential Fintiv decision declined over the last six months, a drop that attorneys largely attribute to the board giving less weight to the trial date in parallel infringement litigation and petitioners growing more comfortable with stipulations.

The PTAB's Fintiv decision, which was issued in March 2020 and became precedential in May of that year, laid out six factors the board must consider when deciding whether to use its discretion not to review patents involved in district court suits. These include weighing the...

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