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The USPTO Provides Further Guidance on Discretionary Denials Policy
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The USPTO Provides Further Guidance on Discretionary Denials Policy
The USPTO’s recent guidance on discretionary denials has shifted patent practitioners back to the Fintiv and Sotera Wireless framework. The Prior Framework: Fintiv & Sotera Wireless In Apple Inc. v. Fintiv, Inc., No. IPR2020-00019 (PTAB Mar. 20, 2020), the Patent Trial and Appeal Board (the “Board”) implemented a holistic view of six factors (the Fintiv factors) for determining whether to exercise discretionary denial when there is a parallel, c…
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