The PTAB has discretion to decline to institute an inter partes review for many reasons, including if a parallel district court proceeding is ongoing. In Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 (PTAB Mar. 20, 2020)—designated precedential on May 5, 2020—the Board described six non-dispositive factors it may consider under 35 U.S.C. § 314(a) in determining whether to institute an IPR that involves an ongoing parallel district court proceeding.1
