The PTAB considers the six
Fintiv factors to
determine whether to exercise its discretion to deny institution of
an IPR petition in view of a parallel litigation. In that
analysis,
Fintiv factor four requires the PTAB
to evaluate the overlap between issues raised in the petition and
in the parallel proceeding.
Sotera Wireless, Inc. v. Masimo Corp.,
IPR2020-01019, Paper 12 (Dec. 1, 2020) (precedential), that denial
of institution will be less likely where the petitioner eliminates
the concern for duplicative efforts by broadly
stipulating to waive any ground raised, or that could have
been reasonably raised in the parallel
proceeding.
In
Id. The
The PTAB considers the six Fintiv factors to determine whether to exercise its discretion to deny institution of an IPR petition in view of a parallel litigation. In that analysis,.