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Markman Advisors Patent Blog

by Zachary Silbersher

Posts tagged Fintiv
Google’s policy statement on patent reform reiterates its desire that patents should be worthless.

On April 28, Google published a policy statement on the need for specific patent reforms. The statement was published by Google’s General Counsel, Halimah DeLaine Prado, and titled, Reforming the patent system to support American innovation. The statement is a notable read given that it issued from one of the largest Big Tech companies. The statement identifies four concrete areas where patent reform is purportedly required. Behind its prescriptions lingers its agenda—namely, that patents should have no value at all.

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Markman AdvisorsGoogle, $GOOG, $GOOGL, public policy, patent reform, patent, Big Tech, startup, start-up, start up, RPX, patent litigation, USPTO, Patent Office, IPR, inter partes review, PTAB, ITC, NPE, patent troll, IP Edge, Intel, Fortress, Zachary Silbersher, Silbersher, Sonos, homegrown, Albright, Judge Albright, Fintiv, forum shopping, Cuozzo, Justice Breyer, Judge Mayer, Alice, antitrust, Thryv, efficient infringementComment
Is the PTAB’s Apple v. Fintiv decision a fair one for IPR petitioners?

The PTAB’s decision in Apple, Inc. v. Fintiv, Inc., Case No. IPR2020-00019 (Paper No. 11) has been designated precedential as of May 5, 2020. The decision outlines the factors that the PTAB will consider when determining whether petitions should be denied under § 314(a) based upon a parallel district court litigation in which the same invalidity arguments have been raised. The case implicates the balance between patent owners and patent challengers, and who carries the heavier load.

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Markman AdvisorsIPR, Inter Partes Review, patent, PTAB, Apple, Fintiv, 314(a), USPTO, institution, patent owners, petitioner, validity, invalidity, Thryv, Click-To-Call, Zachary Silbersher, SilbersherComment