Chess Pieces

Fintiv Discretionary Denials Remain In Play, PTAB Litigation Blog

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F5 Networks, Inc. (“Petitioner”) filed a Petition requesting an IPR.  WSOU Investments, LLC d/b/a/ Brazos Licensing and Development (“Patent Owner”) filed a Preliminary Response.  Here, the PTAB exercised its discretion under 35 U.S.C. § 314 to deny institution of the IPR based on an analysis of the Fintiv factors because of a parallel district court litigation, despite the Petitioner’s Factor Four stipulation.

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