New Informative Decisions Applying Fintiv Factors
Today, the Patent Trial & Appeal Bord designated two decisions informative that apply the so-called “Fintiv factors.”
Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 15 (May 13, 2020) (informative)
This decision denies institution upon applying the factors set forth in the precedential Order of the same dispute, Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 (PTAB Mar. 20, 2020) (precedential) (the “Fintiv factors”) when the trial is scheduled to begin two months before the due date for the final written decision, the district court has invested in the validity issues, there is a substantial overlap in the patentability challenges, and the petition is not strong on the merits.
Sand Revolution II, LLC v. Continental Intermodal Group – Trucking LLC, IPR2019-01393, Paper 24 (June 16, 2020) (informative)
This decision institutes an inter partes review (IPR) upon applying the Fintiv factors when it is uncertain whether the trial will take place before the final written decision, the district court has not made a significant investment in the validity issues, the petitioner stipulated not to raise in the district court the same patentability grounds raised in the IPR, and the petition is strong on the merits.