The Patent Trial and Appeal Board is considering a request it received sent by Erise IP shareholder Adam Seitz on behalf of Garmin, Law360 reported.
In the request, Garmin is asking the PTAB’s Precedential Opinion Panel “to hold that the timing of U.S. International Trade Commission investigations shouldn’t be used to deny parallel patent challenges, especially since the ITC can’t invalidate patents,” Law360 wrote.
In May 2020, the PTAB ruled in Apple v. Fintiv that six factors would be considered to deny IPR institution if there was parallel litigation, but the POP request argues that “ITC proceedings would never be able to meet four of the six factors outlined in Fintiv, and would virtually never be able to meet the other two.”
