Garmin, Fitbit Want POP To Exclude ITC Cases From Fintiv

Law360 (December 7, 2020, 8:29 PM EST) -- Garmin and Fitbit have asked the Patent Trial and Appeal Board's precedent-setting panel to hold that the timing of U.S. International Trade Commission investigations shouldn't be used to deny parallel patent challenges, especially since the ITC can't invalidate patents.

The factors set out in the PTAB's precedential Fintiv decision — which lets the board use its discretion to reject inter partes review petitions based on the timing of related proceeding at other tribunals — shouldn't apply to ITC investigations, since the factors will always weigh against institution, Garmin and Fitbit told the Precedential Opinion Panel.

"By deferring the question of invalidity...

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