On December 17th, the PTAB designated two decisions applying the Fintiv factors as precedential.  We will break these cases down in detail in the coming days on the PTAB Litigation Blog.

Sotera Wireless, Inc. v. Masimo Corporation, IPR2020-01019, Paper 12 (Dec. 1, 2020) (precedential as to § II.A)

This decision addressing the Fintiv factors explains that the petitioner’s broad stipulation not to pursue in district court any ground that it raised, or could have raised, in the inter partes review weighs strongly in favor of institution.

Snap, Inc. v. SRK Technology LLC, IPR2020-00820, Paper 15 (Oct. 21, 2020) (precedential as to § II.A)

This decision addressing the Fintiv factors explains that a district court stay that would remain in place until an inter partes review final written decision weighs strongly in favor of institution.