Jones Day’s Fintiv-ITC Developments Tracker
By EsqSocial Corporation 25/01/21
Although first briefly mentioned as a possibility in the August 2018 Trial Practice Guide Update (page 10), outside of one instance (Bio-Rad Labs. v. 10X Genomics, IPR2019-00567; -00568, August 8, 2019), PTAB discretionary institution denials under 35 U.S.C. § 314(a) based on ITC proceedings were a non-occurrence. But the expanded discussion of ITC-relevance in the Fintiv precedential decision (pages 8-9) has brought on a flurry of Patent Owner Preliminary Response arguments against institution...
By: Jones Day