Event Session
The Fintiv Saga: What is it, Where are we, and What is the Future
May 24, 2022 @ 2:45 PM EST
2:45 PM ET
May 24, 2022
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.
CLE Materials (Requested in Virginia only)
Panelists Dig into Data Showing Fintiv Denials May Be Dead for Texas Cases
Supreme Court Denies Petitions Challenging NHK-Fintiv
The Fintiv Deception: Leahy’s Legislative ‘Fix’ is Unwarranted in Light of Sotera Wireless
Looming Leahy Bill Would End Fintiv Practice at PTAB
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…
Session Speakers
Todd Walters
Shareholder, Chair, Patent Office Litigation Practice and Co-Chair, IP Section
Buchanan Ingersoll & Rooney
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