PRECEDENTIAL: Stipulation Roadmap for Fintiv Factor Four
By EsqSocial Corporation 05/01/21
It has now been more than seven months since the PTAB designated Apple Inc. v. Fintiv, Inc., IPR 2020-00019, paper 11 (PTAB Mar. 20, 2020), as a precedential decision. Under this precedent, the PTAB applies a six factor, “holistic” test to determine whether, in the panel’s discretion, institution should be denied due to the advanced state of a parallel proceeding. As the PTAB continues to weigh these factors, which include considerations of system efficiency, fairness, and patent quality, one...
By: Jones Day