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Focus on Fintiv Factor Four, PTAB Litigation Blog

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In its precedential decision in Apple Inc. v. Fintiv, Inc., IPR 2020-00019, paper 11 (PTAB Mar. 20, 2020), the PTAB set forth a six factor “holistic” test for balancing considerations of system efficiency, fairness, and patent quality when a patent owner raises an argument for discretionary denial due to the advanced state of a parallel proceeding.  Id. at 5-6.  Two recent decisions, however, demonstrate the importance and focus on Fintiv factor four, which is “overlap between issues raised in the petition and in the parallel proceeding.”

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