Discretionary denial of inter partes review under 35 U.S.C. § 314(a) is guided by the precedential decision NHK Spring Co. v. Intri-Plex Technologies, Inc., IPR2018-00752, Paper 8 (PTAB Sept. 12, 2018). Denial under NHK is further guided by Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 (PTAB Mar. 20, 2020), which provides the following factors for deciding whether to institute a discretionary denial:
