The Ever Changing Landscape of Fintiv Based Discretionary Denials before the PTAB - Intellectual Property Owners Association

Todd Walters, shareholder, chair of the firm's Patent Office Litigation practice and co-chair of the Intellectual Property section, will be leading a webinar for the members of the Intellectual Property Owners Association entitled "The Ever Changing Landscape of Fintiv Based Discretionary Denials before the PTAB."

The precedential decision in Apple Inc. v. Fintiv, Inc., Case IPR2020-00019, Paper 15 (May 13, 2020) addresses the PTAB's discretion to deny institution of AIA proceedings based on parallel proceedings in other forums. Under Fintiv, the PTAB weighs factors, coined "Fintiv Factors" in its analysis whether to grant or deny institution of a trial before the PTAB. The use of Fintiv by the PTAB to deny institution has been praised by patent owners and cursed by patent challengers. This panel will delve into the PTAB's use of Fintiv to thwart would be challengers from attacking patent claims in AIA proceedings. The panel will look at the changing landscape and evaluate the import of the various factors over time, consider whether Fintiv makes sense given the sliding trial schedules in some jurisdictions, consider how Fintiv impacts different technology areas, and consider how parallel proceedings in different jurisdictions have been impacted. Further the panel will consider where we are now and how changes to Patent Office leadership and proposed legislation might impact future proceedings.