Kasowitz PTAB Victory Denying Apple’s IPR Petition Named Top Patent Ruling and Top 5 PTAB Development in 2020

Law360 has recognized Kasowitz Benson Torres’ precedent-setting victory on behalf of patent holder Fintiv, Inc. against Apple as one of the 10 Biggest Patent Rulings of 2020 and among the 5 Big Developments That Shaped the PTAB in 2020.  In the May 2020 ruling, Kasowitz defeated Apple’s petition to the Patent Trial and Appeal Board (PTAB) for inter partes review of the patent at issue, the first time the PTAB has issued a discretionary denial of such a petition based on the pendency of parallel patent litigation.  In the parallel litigation in the Western District of Texas, Fintiv has alleged that the Apple Wallet infringes Fintiv’s patent relating to the management of virtual cards stored on mobile devices.

In its final order dated May 13, 2020, the PTAB made precedential its March 20, 2020 order, which sets forth a six-factor analysis for evaluating whether discretionary denial is warranted where there is a parallel pending proceeding.  Read more about Kasowitz’s precedent-setting PTAB ruling. 

The Kasowitz team representing Fintiv is led by partner Jonathan K. Waldrop and includes partners Darcy L. Jones and Marcus Barber, special counsel ThucMinh Nguyen and associates John W. Downing, Heather S. Kim and Paul G. Williams.

View Law360’s The 10 Biggest Patent Rulings of 2020 and 5 Big Developments That Shaped The PTAB In 2020 lists (subscription required).