PTAB designated Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 (March 20, 2020) as precedential. The order discusses the six factors the PTAB considers in determining whether to exercise its discretion to institute review when there is a related proceeding pending in district court. These include: (1) whether the court granted a stay or evidence exits that one may be granted if proceeding is instituted (2) proximity of the court's trial date to the Board's projected statutory deadline for a final written decision (3) investment in parallel proceeding by the court and the parties (4) overlap between issues raised in the petition and in the parallel proceeding (5) whether the petitioner and the defendant in the parallel proceeding are the same party; and (6) other circumstances that impact the Board's exercise of discretion, including the merits.
The Board also de-designated Oracle Corp. v. Click-to-Call Techs. LP, IPR2013-00312, Paper 26 (Oct. 30, 2013) in view of the Board's Precedential Opinion Panel (POP) decision in GoPro, Inc. v. 360Heros, Inc., IPR2018-01734, Paper 38 (Aug. 23, 2019)
The Board also de-designated Oracle Corp. v. Click-to-Call Techs. LP, IPR2013-00312, Paper 26 (Oct. 30, 2013) in view of the Board's Precedential Opinion Panel (POP) decision in GoPro, Inc. v. 360Heros, Inc., IPR2018-01734, Paper 38 (Aug. 23, 2019)
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