To embed, copy and paste the code into your website or blog: In December 2020, the Patent Trial and Appeal Board’s (“PTAB” or “Board”) designated an opinion as precedential ( . Masimo Corporation),[i] where the Board instituted trial, i.e., did not exercise its discretion to deny institution under 35 U.S.C. § 314(a), after carefully considering the unique facts of a parallel district court proceeding. Specifically, the Board applied the Fintiv factors to ultimately determine that, because Petitioner had filed a stipulation in district court, instituting trial would still preserve the efficiency and integrity of the patent system. The In March 2020, the PTAB set forth six