Discretionary Denial at the PTAB Based on Parallel Litigation

Mar 4, 2021 1 min read

Authored by Stuart V. C. Duncan Smith, Elisabeth H. Hunt, PhD

Discretionary denial has been a hot topic at the PTAB. On Wednesday, February 24^th, 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.