Factor Four

PRECEDENTIAL: Stipulation Roadmap for Fintiv Factor Four

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It has now been more than seven months since the PTAB designated Apple Inc. v. Fintiv, Inc., IPR 2020-00019, paper 11 (PTAB Mar. 20, 2020), as a precedential decision. Under this precedent, the PTAB applies a six factor, "holistic" test to determine whether, in the panel’s discretion, institution should be denied due to the advanced state of a parallel proceeding. As the PTAB continues to weigh these factors, which include considerations of system efficiency, fairness, and patent quality, one factor in particular appears to be pulling ahead of some of the others in terms of significance when weighed against the others according to the PTAB’s "holistic" approach – Factor Four.

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