The Fintiv Saga: What is it, Where are we, and What is the Future - IPWatchdog.com

Todd Walters, shareholder, chair of the firm’s Patent Office Litigation practice and co-chair of the Intellectual Property section, will be leading a session at the IPWatchdog.com 2022 Patent Litigation Masters. The presentation will focus on "The Fintiv Saga: What is it, Where are we, and What is the Future."

Patent owners and patent challengers were surprised by the PTAB’s use of its discretion to deny institution of AIA proceedings due to the activities in a parallel district court proceeding. Fintiv became precedential leaving patent owners an opportunity to fend off patentability challenges before the PTAB by choosing district courts with a fast-paced schedule to trial. The pendulum swing was broad and swift in favor of patent owners and detrimental to patent challengers who have no ability to appeal the decision. But has the pendulum begun to swing back in a direction more favorable to patent challengers? Have patent challengers figured out how to maneuver around the Fintiv blockade? Has the PTAB begun to lighten up on factors previously used to deny institution? The panel will look at the history of Fintiv, evaluate where we are, and predict what the future holds.