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]