On December 17th, the PTAB designated two decisions applying the Fintiv factors as precedential.  We will break these cases down in detail in the coming days on the PTAB Litigation Blog.

Sotera Wireless, Inc. v. Masimo Corporation, IPR2020-01019, Paper 12 (Dec. 1, 2020) (precedential as to § II.A)

This decision addressing the Fintiv factors explains that the petitioner’s broad stipulation not to pursue in district court any ground that it raised, or could have raised, in the inter partes review weighs strongly in favor of institution.

Snap, Inc. v. SRK Technology LLC, IPR2020-00820, Paper 15 (Oct. 21, 2020) (precedential as to § II.A)

This decision addressing the Fintiv factors explains that a district court stay that would remain in place until an inter partes review final written decision weighs strongly in favor of institution.

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Matt Johnson is one of the Firm's primary contacts on practice before the PTAB. Matt consults on nearly every one of Jones Day's nearly 400 PTAB cases to date. He currently serves as co-chair of Jones Day's PTAB practice.