In May 2020, the PTAB introduced Fintiv factors for determining when the PTAB can exercise discretion to deny an IPR institution when there is a parallel proceeding. In the past two years, the Fintiv factors have generated a lot of questions and uncertainties about when and how it is appropriate for the PTAB to exercise discretionary denials. To address these issues, on June 21, 2022, the PTAB issued an interim procedure for discretionary denials in AIA post-grant proceedings with parallel district court litigation.
In this webinar, we will provide an overview of the PTAB’s recent Fintiv guidance and discuss how it impacts IPR institution when there is a parallel litigation in another court, including at the ITC. We will also discuss Sotera-type stipulations and how they impact IPR institution. We will conclude the webinar with tips on how to effectively use IPRs to increase leverage in parallel proceedings.
Topics to be discussed include:
- Overview of the recent Fintiv guidance
- How the recent Fintiv guidance impacts IPR institution in view of parallel proceedings, including ITC proceedings
- The impact of Sotera-type stipulations
- How to effectively use IPR proceedings to increase your leverage
Moderator:
Ningling Wang
Speakers:
Joshua Goldberg
Christina Ji-Hye Yang
