The PTAB has the discretion in deciding which petitions to deny, often based on parallel proceedings or prior art. Given recent concerns over the increase in institutional discretionary denials, this session will address:

• Reviewing the current use, status, and trends of discretionary denials (35 U.S.C. Section 314(a)/ Section 325(d)) and future direction
  • Discuss the application of Fintiv factors when exercising discretionary denials
• Evaluating strategic considerations when preparing or responding to petitions
  • What other circumstances could impact the PTABs use of discretionary denial?
• Analyzing how Arthrex and the PTO review might affect the use of denials in future proceedings
• Predicting how future PTO leadership and policy changes may impact IPR denials and impacts on industries