How Does the PTAB § 314(a)?

How Does the PTAB § 314(a)?

By Alex Li and Matt Johnson The Patent Trial and Appeal Board (PTAB) has the discretion to deny institution of any inter partes review (IPR).  Such discretionary denial may be based on a variety of considerations, such as the existence of an ongoing district court...
Focus on Fintiv Factor Four

Focus on Fintiv Factor Four

By Dave Cochran – In its precedential decision in Apple Inc. v. Fintiv, Inc., IPR 2020-00019, paper 11 (PTAB Mar. 20, 2020), the PTAB set forth a six factor “holistic” test for balancing considerations of system efficiency, fairness, and patent quality when a...