Volkswagen Beats Fintiv Factors, Gets Review of Semiconductor Patent

The Patent Trial and Appeal Board (PTAB) granted Finnegan client Volkswagen Group of America Inc.‘s inter partes review (IPR) petition, filed by Finnegan attorneys J.P. Long, Elliot Cook, and Alex Boyer, rejecting Argina Technology’s request to deny institution under Section 314(a) of the Patent Act, which permits denials for cases in which parallel proceedings are underway. The IPR petition was filed following the start of a related International Trade Commission (ITC) dispute over the semiconductor patent. The PTAB decided not to defer the IPR proceeding due to Volkswagen filing the IPR proceeding nearly immediately after the ITC action began, as well as the likelihood that Volkswagen will prevail in at least one of its invalidation arguments. 

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