In Law360 and AIPLA Webinar, Scott McKeown Addresses PTAB Discretionary Denials
IP litigation partner Scott McKeown (Washington, D.C.) spoke at a webinar hosted by the American Intellectual Property Law Association, offering insight into best practices with regard to the Patent Trial and Appeal Board’s Apple Inc. v. Fintiv Inc. ruling, which set out factors where the board can exercise its discretion not to review patents when there is parallel infringement litigation examining the same issues.
In a Law360 article, Scott explains that the Fintiv factors for discretionary denials essentially "stand or fall together" based on the trial date of the district court case. He notes that filing stipulations on common issues can make a difference in the petition being instituted or denied.