Issue 32: PTAB Trial Tracker | Goodwin
APPLICATION OF NHK/FINTIV ANALYSIS CONTINUES TO EVOLVE The Board’s application of its precedential NHK and Fintiv decisions to deny petitions based on parallel litigation continues to develop. The Board recently designated two decisions as precedential as to the sections that relate to application of the Fintiv factors: Sotera Wireless, Inc. v. Masimo Corp., IPR2020-01019, Paper 12 (December 1, 2020) (precedential as to § II.A) — The Board held that a Petitioner’s broad stipulation not to pursue invalidity arguments in the parallel litigation that it raised, or reasonably could have...
Source: jdsupra.com