The Rising Tide of Fintiv Denials
By EsqSocial Corporation 03/05/21
In the precedential Fintiv, Inc. decision, the Patent Trial and Appeal Board identified six factors balancing efficiency, fairness, and integrity of the patent system in determining whether to exercise discretionary institution or denial. Since this decision, discretionary denials at the PTAB have continued to rise and show no sign of abating. In fact, we can likely expect a further increase in discretionary denials as the impact of COVID disappears and courts resume normal scheduling....
By: Kilpatrick Townsend & Stockton LLP