Healthy Overlap Between PTAB And Trial Court Favors Denial, PTAB Litigation Blog

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The PTAB recently denied institution of inter partes review (IPR) for claims 1 and 46 of U.S. 7,464,040 in eClinicalWorks, LLC et al. v. Decapolis Systems, LLC, IPR2022-0229, Paper 10 (PTAB April 13, 2022).  The denial was based on analyzing five of the six factors laid out in Fintiv in light of parallel proceedings related to the same patent.  The Petitioners are three of 21 defendants in 14 pending cases in three different district courts, most of which are filed in the Western District of Texas (WDTX).  Id. at 3-4.  When a patent is involved in parallel proceedings, the PTAB has discretion to denying IPR petitions for the same patent based on six factors identified in Fintiv.  Id. at 7.

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