Discretionary Denial of IPR Institution Due to Advanced Hatch-Waxman Litigation,PTAB Litigation Blog
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In a recent decision, the Patent Trial and Appeals Board (“PTAB”) exercised its discretion under 35 U.S.C. § 314(a) to deny institution of an inter partes review (“IPR”) after applying the Fintiv factors, despite Petitioner’s Sotera stipulation. Cipla Limited v. Gilead Sciences, Inc., IPR2025-00033, Paper 22 (May 15, 2025).
*Nicole Prescott, a Summer Associate in Jones Day’s San Diego Office assisted in the preparation of this blog.
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