Analysis

Fintiv Denials Are Down, But Bill Banning Them Still Has Teeth

By Dani Kass (June 17, 2022, 9:39 PM EDT) -- The Patent Trial and Appeal Board's practice of denying patent challenges based on the status of co-pending litigation has dwindled since 2021, but attorneys say a new bill barring the PTAB from issuing such denials would still have a dramatic impact on patent litigation.

The number of petitions denied in the last year under the board's Fintiv precedent — which aims to keep the PTAB from duplicating another forum's patent invalidity analysis — has waned since the policy's height in late 2020 and early 2021. However, attorneys say that's because petitioners have figured out a litigation strategy that they'd likely abandon...

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