Fintiv Denials Are Down, But Bill Banning Them Still Has Teeth

Media Commentary

July 2022

Stradling Shareholder Salil Bali was quoted in the article, “Fintiv Denials Are Down, But Bill Banning Them Still Has Teeth, “ published by Law360. In the article, Salil shares insight on the Patent Trial and Appeal Board's practice of denying patent challenges based on the status of co-pending litigation and whether or not a new bill prohibiting the PTAB from issuing these denials will have an impact on patent litigation.  Salil asked, “If a patent case is pending for 11 months, and you've already had claim construction, does it make sense for an inter partes review this late in the game?" "That's something the PTAB should be able to look at. I don't know if a complete bar of any consideration is the right way to go."