Practical Law The Journal interviewed Joshua Goldberg about the recent surge in Patent Trial and Appeal Board (PTAB) discretionary denials of patent challenges in deference to fast-moving, parallel district court or International Trade Commission (ITC) proceedings. This growing trend stems from the PTAB’s May 2020 opinion in Apple Inc. v. Fintiv, Inc., in which the PTAB established the factors it weighs when exercising its statutory discretion to deny inter partes review (IPR) of patents due to parallel proceedings. Joshua provided tips for companies planning to enforce patents as well as companies concerned with impending infringement accusations. He also cautions that a past IPR denial does not necessarily preclude potential future challenges.
