How Fintiv Stipulations Affect IPR Institution, By The Numbers

By James Glass and Cary Adickman (February 17, 2022, 5:44 PM EST) -- Practitioners appearing before the Patent Trial and Appeal Board with any recent frequency are familiar with the board's discretionary authority to deny inter partes review petitions.[1]

Pursuant to this discretionary power, the board may deny institution of IPR petitions where, for example, concurrent proceedings in U.S. district courts or the U.S. International Trade Commission are also adjudicating the same patent's validity.

Commentators attribute the declining IPR institution rates since 2012 to the board's increasing willingness to exercise its discretionary authority.[2]

One recent report indicated that last year, as many as 38% of institution denials were based on procedural grounds, not the...

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