• Samsung Electronics Co., Ltd. / Samsung Electronics America, Inc. v. Evolved Wireless LLCInstitution denied
  PTAB · Nov 29, 2021 · IPR2021-00949 · APJ Patrick M Boucher · IPR · Institution

  The Board denied institution of inter partes review of claims 1–3 and 6–8, exercising § 314(a) discretion under Fintiv because most factors favored denial.

  RulingsInstitution decision

  • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Denied

    “The merits of this case thus present the “closer call” that favors exercising discretion to deny institution of an inter partes review under Fintiv. 7. Conclusion As noted in Fintiv, we consider the above factors as part of “a holistic view of whether efficiency and integrity of the system are best served by denying or instituting review.” Fintiv at 6. In this instance, most of the factors we consider weigh in favor of exercising discretion to deny institution of an inter partes review, with Fintiv factor 4 weighing only somewhat against. We accordingly exercise that discretion and deny the Petition.” slip op. at 20

  Discretionary denial

Holdings, summaries, rulings, issues, outcomes, winners and claim constructions shown for a decision were generated by a large language model reading the opinion. They are a guide to the decision, not the decision. Confirm every one against the court's own text before relying on it. Outcomes read from the patent owner’s side. Party names are extracted from the decision and are missing on about 900 short Director denials and scans, which carry the trial number instead.