How Does the PTAB § 314(a)?, PTAB Litigation Blog

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The Patent Trial and Appeal Board (PTAB) has the discretion to deny institution of any inter partes review (IPR).  Such discretionary denial may be based on a variety of considerations, such as the existence of an ongoing district court litigation reviewing the validity of the same patent, because the PTAB considers a proceeding in parallel with the district court an inefficient use of resources.  In Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 (March 20, 2020) (precedential) (“Fintiv”), the PTAB set forth six factors for analyzing whether the circumstances of a parallel district court action warrants the PTAB’s discretionary denial of institution.

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