PRECEDENTIAL Compelling Merits Analysis Only When

PRECEDENTIAL: Compelling Merits Analysis Only When Other Factors Indicate Denial, PTAB Litigation Blog

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In IPR2022-01242, Director Vidal clarified that her prior guidance, which allows the Board to institute inter partes review even if the Fintiv factors favor discretionary denial first requires the Board to find that Fintiv factors 1-5 favor discretionary denial.

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