In the wake of its May 13, 2020, precedential decision in Apple v. Fintiv, Inc., the Patent Trial and Appeal Board designated as precedential two additional decisions that weigh the Fintiv factors. In Fintiv, the Board articulated six factors for consideration when determining to exercise discretion to deny institution of an inter partes review (IPR) petition under § 314(a) in view of a parallel district court proceeding: Existence of a stay pending IPR Proximity of the court's trial date to the Board's deadline for issuing a final written decision Expended investment in the parallel proceeding Overlap between issues raised each proceeding Whether the petitioner and the defendant are the same party Other circumstances. The two new precedential decisions provide further insight as to what circumstances may tip the balance for each factor. In each decision, the Board found that the circumstances of the parallel district court proceeding did not weigh in favor...

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