The PTAB Provides More Guidance on Denying Petitions with Parallel District Court Proceedings

On December 17, the Patent Trial and Appeal Board (PTAB) designated as precedential two decisions concerning the PTAB’s discretion under 35 U.S.C. § 314(a) to deny institution of an inter partes review (IPR) when there is a parallel district court proceeding. The PTAB analyzes this issue using a set of factors—referred to as the Fintiv factors......
By: Bass, Berry & Sims PLC

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