PTAB Practitioner's Series: The Evolving Practice of Discretionary Institutions Based on Parallel Litigation

Jonathan Bowser and Angela Oliver, attorneys at Haynes and Boone LLP, will explore discretionary institution strategies before the PTAB under Fintiv. In this webinar, Bowser and Oliver will provide guidance on successful strategies for addressing the Fintiv factors from the perspective of both petitioners and patent owners. They will also discuss the evolution of PTAB decisions addressing the use of stipulations to avoid discretionary denials based on the state of parallel litigation.

In August 2021, Bowser coauthored an article, “IPR tricks of the trade: use of stipulations to overcome a Fintiv challenge in patent litigation” with David McCombs and Eugene Goryunov, his colleagues at Haynes and Boone. The article was published on Reuters.com.

Jonathan Bowser is a registered patent attorney focusing on patent litigation disputes before the Patent Trial and Appeal Board (PTAB) and federal district courts. Jonathan has been counsel in more than 100 AIA trials before the PTAB, representing both patent challengers and patent owners, and litigates appeals before the U.S. Court of Appeals for the Federal Circuit. He also prepares and prosecutes patent portfolios in the U.S. and abroad with a specific focus on electrical, computer, networking, and medical device technologies. Jonathan is a frequent author and presenter on post-grant issues.

Angela Oliver is an appellate and intellectual property attorney who focuses her practice on appeals before the U.S. Court of Appeals for the Federal Circuit, federal district court litigation, and post-grant proceedings before the U.S. Patent and Trademark Office. After clerking at theFederal Circuit and in the Eastern District of Texas, Angela understands how to develop effective, long-term case strategies for her clients.

Angela regularly appears in inter partes review proceedings before the USPTO.