Thin Fintiv Factor Four Stipulation Sufficient For Institution, PTAB Litigation Blog

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On April 30, 2021, the PTAB instituted IPR trials based on petitions by Facebook, Inc. (“Petitioner”) challenging certain claims of U.S. Patent No. 8,645,300 (“300 Patent”), owned by USC IP Partnership, L.P. (“Patent Owner”) and directed towards a system for determining a website visitor’s intent and proposing further webpages for that visitor. (Decision at 3).  At the time of the filings, a parallel District Court proceeding concerning the ‘300 Patent was set to begin in December of 2021 – over five months before the earliest date the Board expected to issue its decision.  See USC IP Partnership, L.P. v. Facebook, Inc., 6:20-cv-555 (W.D. Tex.) (“District Court proceeding”).

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