PTAB Declines to Exercise Discretion Post-Markman, PTAB Litigation Blog

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Petitioner (Apple, Inc.) filed a petition to institute inter partes on a patent owned by Koss Corporation (Patent Owner).  The PTAB considered six factors from Fintiv to assess whether to exercise authority to deny institution under § 314 in view of an earlier trial date in the parallel proceeding. Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 at 5-6 (PTAB Mar. 20, 2020) (precedential).

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