The Board exercised discretion under § 314 to deny inter partes review in view of co-pending district court litigation. In the Institution Decision, the Board evaluated the Fintiv factors in light of the USPTO Director’s June 2022 Interim Procedure for Discretionary Denials.
Fintiv Factor 1 requires consideration of “whether the court granted a stay or evidence exists that one may be granted if a proceeding is instituted.” This factor weighed in favor of the Board exercising its discretion to deny institution because the district court already denied Petitioner’s motion for a stay in light of the advanced stage of […]
Click here to visit source. www.mondaq.com