Vexing PTAB Apple Decision May Overtax West Texas Court

Law360 (June 25, 2020, 3:30 PM EDT) -- On March 20, the Patent Trial and Appeal Board issued Apple Inc. v. Fintiv Inc. decision,[1] designated precedential on May 7, setting forth a six-factor test for discretionary denials of inter partes review based upon developments in a parallel district court litigation.

The Fintiv decision continues the PTAB's trend of ratcheting up discretionary denials of IPRs. This latest decision calls into question whether the PTAB is acting against Congress' intent of having questions of invalidity decided by expert judges applying the lower preponderance of the evidence standard.

The decision also creates enormous incentives for plaintiffs to file lawsuits in districts promising...

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