The USPTO released a study in June 2022 that analyzed the prevalence of Fintiv denials occurring between January 1, 2019 and December 31, 2021. The Study focused on data illustrating how often patent owners raised parallel litigation as an issue; how often the PTAB denied institution because of parallel litigation; how often petitioners filed stipulations; and how stipulations affected denial rate. More than 80% of petitioners at the time of filing a petition have already been accused of infringement in another venue (Study at 3), and so the issues related to discretionary denials and Sotera stipulations often come up before the PTAB.
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