Fintiv Factor News Today

Precedential Decisions - Penumbra, Inc. v. RapidPulse, Inc., IPR2021-01466, Paper 34 (March 10, 2023) (designated: November 15, 2023) (regarding prior art status under...

In 2023, Fintiv—the precedential Order issued in 2020 that established a six-factor framework that the Patent Trial and Appeal Board (PTAB) applies when evaluating whether to exercise...

The Board exercised discretion under § 314 to deny inter partes review in view of co-pending district court litigation.  In the Institution Decision, the Board evaluated the Fintiv...

The Director of the USPTO, Kathi Vidal, issued a decision this week raising the likelihood that the Patent Trials and Appeals Board (PTAB) will exercise its discretion to deny the institution of Inter Partes Review (IPR) challenges.

When a party is accused of infringing a patent, it has become almost routine for the party to seek IPR or PGR of the patent.

Earlier today, USPTO Director Kathi Vidal issued interim guidance regarding the application of the factors the PTAB considers in determining whether to institute an AIA post-grant...

New U.S. Patent and Trademark Office Director, Katherine Vidal, issued memorandum clarifying Patent Trial and Appeal Board application of Fintiv to discretionary denial of PTAB proceedings, such as inter partes review and post grant review, under Fintiv.

The new director of the U.S. Patent and Trademark Office, Katherine Vidal, recently issued a memorandum clarifying the Patent Trial and Appeal Board (PTAB) application of Fintiv to...

When a party is accused of infringing a patent, it has become almost routine for the party to seek IPR or PGR of the patent.

Parallel proceedings before the USPTO Patent Trial and Appeal Board (PTAB) are a common feature of district court litigation, and it is common for the factual records to overlap between...