Analysis of NHK Spring

The U.S. Patent Trial and Appeal Board (PTAB) decided in NHK Spring that the stage of a parallel district court litigation can justify denying institution of a petition for inter partes review (IPR). The PTAB based its decision on the statutory discretion provided under 35 U.S.C. § 314(a). The PTAB’s decision to designate NHK Spring precedential has affected subsequent post-grant challenges involving concurrent district court litigation. In this article, Finnegan attorneys Dan Cooley and Justin Loffredo explore § 314(a) and the possible effects of the PTAB’s precedential NHK Spring opinion. Read the full article here.