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14 IP Litigator MARCH/APRIL 2021 After Fintiv: The Continuing Evolution of Discretionary Denial at the PTAB Gracie K. Mills, Derek McCorquindale, and Daniel Cooley 1 Gracie Mills is an associate with Finnegan and focuses her practice on patent prosecution and postgrant proceedings at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO), and appeals at the U.S. Court of Appeals for the Federal Circuit. As a partner with Finnegan, Daniel Cooley helps companies litigate intellectual property disputes in US district courts, the International Trade Commission (ITC), and the Patent Trial and Appeal Board (PTAB). Following NHK Spring, many patent owners began urging the PTAB to deny petitions in light of co-pending district court litigations, and many petitioners saw petitions denied on this ground. 35 D. Fintiv Factor 4: Overlap between issues raised in the petition and in the parallel proceeding Fintiv Factor 4 explores the extent to which arguments and evidence before the district court and the PTAB will overlap. [Extracted from the article]

As a partner with Finnegan, Daniel Cooley helps companies litigate intellectual property disputes in US district courts, the International Trade Commission (ITC), and the Patent Trial and Appeal Board (PTAB). 39 The primary role of the ITC's ALJs is to conduct the trial phase of ITC investigations under 19 U.S.C. § 1337 of the Tariff Act of 1930 (section 337 investigations). JANUARY/FEBRUARY 2021 IP Litigator 3 The Potential Impact of Arthrex on the TTAB and ITC Derek McCorquindale, Brandon Andersen, and Daniel Cooley 1 Brandon Andersen is an associate with Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, where he focuses on patent prosecution and litigation in the areas of chemicals, pharmaceuticals, clean energy, and medical devices. The purpose of this article is to review the appointment process, oversight, and responsibilities of other IP tribunals - including the Trademark T rial and Appeal Board (TTAB) and the U .S. International Trade Commission (ITC) - and consider the implications of Arthrex, if any, on their constitutionality. [Extracted from the article]