Fintiv Factor 3 Centers on Degree of Investment, Not Substantive Arguments, PTAB Litigation Blog
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In a recent decision, the PTAB granted institution of an IPR despite multiple parallel district court proceedings involving the same patent, and flatly rejected the Patent Owner’s argument that the Petitioner’s “conflicting” arguments on claim construction in the district court proceedings and in the IPR petition bore on Fintiv factor 3. CrowdStrike, Inc., v Webroot Inc., IPR2023-00126, Paper 9, at 10 (May 5, 2023).
*Adriane Elinski, a summer associate in Jones Day’s Detroit Office participated in the preparation of this blog.
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