Patent

PTAB Precedential: Two decisions against exercising discretion to deny institution made precedential

On December 17, the U.S. Patent and Trademark Office (USPTO) designated two opinions as precedential, both decisions where the PTAB considered the so-called Fintiv factors and decided against exercising its discretion to deny institution of the inter partes review (IPR) challenges. In Sotera Wireless, Inc. v. Masimo Corporation, the PTAB addressed the Fintiv factors and noted that a petitioner’s broad stipulation not to pursue in district court proceedings any ground that it raised, or could have raised, in the inter partes review weighs strongly in favor of institution. In Snap, Inc. v. SRK Technology LLC, also analyzing the Fintiv factors, the PTAB 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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