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ARTICLE · 08 MARCH 2021

Discretionary Denial At The PTAB Based On Parallel Litigation

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...

United StatesIntellectual Property
Stuart Duncan Smith
Stuart Duncan Smith
Elisabeth H. Hunt PhD
Elisabeth H. Hunt PhD
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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.

The Post Grant Strategist

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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