Two NHK Spring Denials Apply Fintiv Factors

Discretionary denial of inter partes review  under 35 U.S.C. § 314(a) is guided by the precedential decision NHK Spring Co. v. Intri-Plex Technologies, Inc., IPR2018-00752, Paper 8 (PTAB Sept. 12, 2018). Denial under NHK is further guided by Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 (PTAB Mar. 20, 2020), which provides the following factors for deciding whether to institute a discretionary denial: 

1. whether the court granted a stay or evidence exists that one may be granted if a proceeding is instituted;
2. proximity of the court's trial date to the Board's projected statutory deadline for a final written decision;
3. investment in the parallel proceeding by the court and the parties;