Authorities
Apple Inc. v. Fintiv, Inc.
Fintiv (PTAB 2020, precedential) sets the discretionary denial factors for IPR.
Citation: Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 (PTAB Mar. 20, 2020) (precedential)
Type: Case
Jurisdiction: Federal
Issuing body: Patent Trial and Appeal Board
Status: Decided (precedential PTAB decision)
Court: Patent Trial and Appeal Board
Parties: Apple Inc. v. Fintiv, Inc.
Docket: IPR2020-00019, Paper 11
Proceeding: agency proceeding
Fintiv sets the factors the Patent Trial and Appeal Board weighs when deciding whether to deny institution of inter partes review because a court or the International Trade Commission is likely to decide validity first, along with the stage of the case and the overlap of issues. In February 2025 the Office withdrew a 2022 policy under which a petitioner could avoid this kind of denial by stipulating not to pursue the same grounds in court; stipulations remain relevant but are not decisive.
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