Discretionary Denial at the PTAB Based on Parallel Litigation

Posted by Stuart Duncan Smith on Mar 4, 2021

(Co-authored by Elisabeth Hunt)

Discretionary denial has been a hot topic at the PTAB. On Wednesday, February 24th, Wolf Greenfield hosted a webinar to discuss discretionary denial at the PTAB, and in particular, discretionary denial based on parallel infringement litigation in district court or the ITC.

This webinar covered:   

  • Where it started: An overview of the factors under the PTAB’s Fintiv decision
  • Where we are now: How the PTAB has applied the Fintiv standard and how it has used precedential decisions to clarify those factors
  • Where we are going: How regulations, legal challenges, and the new administration may affect discretionary denial in the futur

To view the webinar replay, click here. For a copy of the slides that were presented at this webinar, click here.

Topics: ITC, PTAB, Discretionary Denial

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This blog is intended to promote thought and debate on developing areas of the law. The opinions, commentary and characterizations of cases provided on this blog are not legal advice and do not represent the opinions of Wolf Greenfield or its clients.