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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.”

Read the full article at ptablitigationblog.com.

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