Insights

Although the Patent Trial & Appeal Board’s (PTAB) reliance on Fintiv to deny petitions for Inter Partes Review (IPR) has waned since Kathi Vidal was named Director of the USPTO and the advent of Sotera stipulations, these so-called Fintiv denials remain the subject of intense scrutiny by the patent bar. On March 13, 2023, the Federal Circuit Court of Appeals revived a challenge to the PTAB’s practice of discretionary denials under Fintiv, allowing it to proceed before the district court.[1] This revival will no doubt be welcomed by patent challengers who dislike the PTAB’s current practice under Fintiv.

When you are embroiled in a contentious battle with your competitor in an inter partes review (IPR) proceeding, what is your ultimate goal? To win, of course. But what are your odds of success? This alert delves into the win rates for both patent owners and patent challengers over the last four years at the PTAB and provides predictions for what to expect in 2023.