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Patent Tribunal Uses Parallel Proceedings Analysis to OK Trials

Dec. 18, 2020, 12:28 AM

The Patent and Trademark Office is using factors critics say cut off access to an agency tribunal to instead give validity challenges a green light.

The PTO on Thursday marked precedential parts of the Patent Trial and Appeal Board’s decisions to institute inter partes reviews in Sotera Wireless, Inc. v. Masimo Corporation and Snap, Inc. v. SRK Technology LLC. The board in both decisions applied Apple Inc. v. Fintiv Inc. factors for weighing whether to hold an IPR when a related district court proceeding is underway.

The PTAB’s new precedents come as patent owners and companies that rely on ...