PRECEDENTIAL: Trial Court Stay Weighs Strongly Against Fintiv Denial, PTAB Litigation Blog

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The USPTO designated Snap, Inc. v. SRK Tech. LLC, IPR2020-00820 (PTAB October 21, 2020) (Paper 15) (“Snap”) as precedential as to § II.A regarding its discretion under 35 U.S.C. § 314(a) to deny institution of inter partes review.  In Snap, the PTAB addressed the Fintiv factors, concluding that a district court stay that would remain in place until an inter partes review final written decision weighs strongly in favor of institution.

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