Andrew Dufresne and Nathan Kelley were mentioned in “Fintiv Fails: PTAB Uses 'Remarkably Inaccurate' Trial Dates,” an article in Law360,* regarding our attorneys findings that the vast majority of cases where Patent Trial and Appeal Board petitions were turned away based on related trial dates had the trials extended by several months.

Between May and October 2020, the PTAB rejected 55 petitions based on the speed of co-pending patent litigation. However, four of those were in instances where the trial already took place, and only three others had trials that took place on time, Andrew Dufresne and Nathan Kelley wrote in a blog post Friday.

"The trial date factor is pretty central to the Fintiv analysis, and we had seen anecdotal reports from others suggesting the trial dates the board was using tended to shift, so we were interested in tracking that in a more systematic way to see what the data really showed us," Andrew told Law360 on Tuesday.

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