In what appears to be a growing trend, denials of inter partes reviews (IPRs) based on Fintiv factors are experiencing an uptick at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB). This is following last year’s influential CommScope v. Dali decision. Opined by distinguished legal professionals, Josepher Li and Michelle Armond of Armond Wilson, this tendency should not be taken lightly by attorneys, as ignoring it could potentially lead to unfavorable consequences.
The shift began four years ago when PTAB issued a significant decision in the case of Apple v. Fintiv. This decision allowed for the discretionary denials of inter partes reviews, probing a broad discussion and controversy within the related legal quarters. It seems like the resonance of this case is still felt across the community.
Through careful observation, it’s noticeable that the PTAB seems to feel more empowered to exercise its discretion in these matters. This change of stance may suggest an evolution of PTAB’s approach in handling patent disputes, which demands diligence and vigilance on the plaintiff side.
More details can be found in the original report by Josepher Li and Michelle Armond on Law360.