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  • PTAB · Nov 7, 2025 · IPR2025-00988 · APJ Terrence W Mcmillin · IPR · Institution

    The Board denied institution of IPR on claims 1–14 because Samsung took alternative claim-construction positions in the Board and district court without explaining why.

    RulingsInstitution decision
    • Other 314aInstitution denied discretionary otherInstitution denied

      “decision in Revvo Technologies, Inc. v. Cerebrum Sensor Technologies, Inc., IPR2025-00632, Paper 20 (Nov. 3, 2025 (“Revvo”)).12 Revvo provides that “when a petitioner takes alternative positions [on claim construction] before the Board and a district court, that petitioner should, at a minimum, explain why alternative positions are warranted.” Revvo at 3–4. On November 5, 2025, the Director of the Office issued an informative decision in Tesla, Inc. v. Intellectual Ventures II LLC, IPR2025- 00340, Paper 18 (Nov. 5, 2025) (“Tesla”)). Tesla provides that: “Allowing a petitioner to advance a claim construction before the Board when that petitioner has made inconsistent indefiniteness arguments in district court fails to further, but instead detracts from, the Office’s goal of ‘providing greater predictability and certainty in the patent system.’” Id. at 4 (citing Revvo at 4–5). Tesla further provides that when a petitioner raises inconsistent invalidity challenges in two forums, “that petitioner is required to explain why those different positions are warranted.” Id. at 3 (citing Revvo at 3–5). In this proceeding, Petitioner takes alternative positions on claim construction before the Board and a district court, but fails to explain why alternative positions are warranted. Therefore, in accordance with Revvo and Tesla, we deny institution.” slip op. at 6

    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied

      “CONCLUSION For the foregoing reason, we determine that trial should not be instituted on claims 1–14 of the ’281 patent. ORDER Upon consideration of the record before us, it is ORDERED that an inter partes review is not instituted.” slip op. at 7

    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Not reached

      “In the Petition, “Petitioner submits that no formal claim constructions are necessary.” Pet. 3. Petitioner does not discuss its position on claim construction in district court nor why alternative positions before the Board and the district court are warranted. See id.” slip op. at 7

    Claim constructionDiscretionary denial
    Patents in suitUS 10,687,281
  • PTAB · Sep 26, 2025 · IPR2025-00982 · APJ Coke Morgan Stewart · IPR · Director review

    The Director granted Patent Owner’s discretionary-denial request and denied institution under § 314(a), based on a holistic assessment of the evidence and arguments.

    RulingsDirector review decision
    • Other 314aInstitution denied discretionary otherInstitution denied

      “The determination to exercise discretion to deny institution is based on a holistic assessment of all of the evidence and arguments presented. Accordingly, the Petitions are denied under 35 U.S.C. § 314(a).” slip op. at 3

    • PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingNot reached

      “Petitioner requests joinder of the above-captioned cases to other proceedings previously subject to discretionary denial of institution. For example, Petitioner requests joinder of IPR2025-00964, IPR2025-00965, IPR2025-00981, and IPR2025-00982 to proceedings denied institution in Google, LLC v. Virtamove, Corp., IPR2025-00487, Paper 11 (Director July 11, 2025). See IPR2025-00964, Paper 4. Similarly, Petitioner requests joinder of IPR2025-00966, IPR2025-01001, and IPR2025-01002 to proceedings denied institution in Amazon.com, Inc. v. Virtamove, Corp., IPR2025-00561, Paper 9 (Director July 11, 2025). See IPR2025-00966, Paper 4.” slip op. at 2

    Discretionary denial
    Patents in suitUS 7,784,058
  • PTAB · Sep 26, 2025 · IPR2025-00981 · APJ Coke Morgan Stewart · IPR · Director review

    The Director granted Patent Owner’s discretionary-denial requests and denied the Petitions under § 314(a), instituting no trial.

    RulingsDirector review decision
    • Other 314aInstitution denied discretionary otherInstitution denied

      “of all relevant considerations, discretionary denial of institution is appropriate in these proceedings. This determination is based on the totality of the evidence and arguments the parties have presented.” slip op. at 2

    • PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingNot reached

      “Petitioner requests joinder of the above-captioned cases to other proceedings previously subject to discretionary denial of institution. For example, Petitioner requests joinder of IPR2025-00964, IPR2025-00965, IPR2025-00981, and IPR2025-00982 to proceedings denied institution in Google, LLC v. Virtamove, Corp., IPR2025-00487, Paper 11 (Director July 11, 2025). See IPR2025-00964, Paper 4. Similarly, Petitioner requests joinder of IPR2025-00966, IPR2025-01001, and IPR2025-01002 to proceedings denied institution in Amazon.com, Inc. v. Virtamove, Corp., IPR2025-00561, Paper 9 (Director July 11, 2025). See IPR2025-00966, Paper 4. The above-captioned cases presents the same discretionary considerations at those presented in IPR2025-00487 and IPR2025- 1 Citations are to papers in IPR2025-00964. The parties filed similar papers in IPR2025-00965, IPR2025-00966, IPR2025-00981, IPR2025-00982, IPR2025-01001, and IPR2025-01002. 00561. See, e.g., IPR2025-00487, Paper 9; IPR2025-00561, Paper 9. Accordingly, that analysis is incorporated here.” slip op. at 2

    Discretionary denial
    Patents in suitUS 7,784,058
  • PTAB · Sep 26, 2025 · IPR2025-00966 · APJ Coke Morgan Stewart · IPR · Director review

    The Director granted Patent Owner’s discretionary-denial requests and denied the petitions, so no inter partes review was instituted.

    RulingsDirector review decision
    • Other 314aDenied

      “of all relevant considerations, discretionary denial of institution is appropriate in these proceedings. This determination is based on the totality of the evidence and arguments the parties have presented.” slip op. at 2

    • PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingNot reached

      “Petitioner requests joinder of the above-captioned cases to other proceedings previously subject to discretionary denial of institution. For example, Petitioner requests joinder of IPR2025-00964, IPR2025-00965, IPR2025-00981, and IPR2025-00982 to proceedings denied institution in Google, LLC v. Virtamove, Corp., IPR2025-00487, Paper 11 (Director July 11, 2025). See IPR2025-00964, Paper 4. Similarly, Petitioner requests joinder of IPR2025-00966, IPR2025-01001, and IPR2025-01002 to proceedings denied institution in Amazon.com, Inc. v. Virtamove, Corp., IPR2025-00561, Paper 9 (Director July 11, 2025). See IPR2025-00966, Paper 4. The above-captioned cases presents the same discretionary considerations at those presented in IPR2025-00487 and IPR2025-” slip op. at 2

    Discretionary denial
    Patents in suitUS 7,784,058
  • PTAB · Sep 26, 2025 · IPR2025-00964 · IPR · Director review

    The Director granted Patent Owner’s discretionary-denial requests and denied the Petitions under § 314(a), instituting no trial.

    RulingsDirector review decision
    • Other 314aInstitution denied discretionary otherInstitution denied

      “The determination to exercise discretion to deny institution is based on a holistic assessment of all of the evidence and arguments presented. Accordingly, the Petitions are denied under 35 U.S.C. § 314(a). In consideration of the foregoing, it is: ORDERED that Patent Owner’s requests for discretionary denial are granted; and FURTHER ORDERED that the Petitions are denied, and no trial is instituted.” slip op. at 3

    • PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingNot reached

      “Petitioner requests joinder of the above-captioned cases to other proceedings previously subject to discretionary denial of institution. For example, Petitioner requests joinder of IPR2025-00964, IPR2025-00965, IPR2025-00981, and IPR2025-00982 to proceedings denied institution in Google, LLC v. Virtamove, Corp., IPR2025-00487, Paper 11 (Director July 11, 2025). See IPR2025-00964, Paper 4. Similarly, Petitioner requests joinder of IPR2025-00966, IPR2025-01001, and IPR2025-01002 to proceedings denied institution in Amazon.com, Inc. v. Virtamove, Corp., IPR2025-00561, Paper 9 (Director July 11, 2025). See IPR2025-00966, Paper 4. The above-captioned cases presents the same discretionary considerations at those presented in IPR2025-00487 and IPR2025- 1 Citations are to papers in IPR2025-00964. The parties filed similar papers in IPR2025-00965, IPR2025-00966, IPR2025-00981, IPR2025-00982, IPR2025-01001, and IPR2025-01002. 00561. See, e.g., IPR2025-00487, Paper 9; IPR2025-00561, Paper 9. Accordingly, that analysis is incorporated here.” slip op. at 2

    Discretionary denial
    Patents in suitUS 7,519,814
  • PTAB · Aug 14, 2025 · IPR2025-00595 · APJ Coke Morgan Stewart · IPR · Director review

    The Director granted Patent Owner’s discretionary-denial request and denied institution under § 314(a), citing the district-court trial schedule and little efficiency from joinder.

    RulingsDirector review decision
    • Other 314aInstitution denied discretionary otherInstitution denied

      “First, the projected final written decision due date for each of these proceedings is October 17, 2026. DD Req. 6. The district court’s scheduled trial date is June 1, 2026, and the time-to-trial statistics suggest trial will begin in June 2026. Id. at 6–7. As such, it is unlikely that a final written decision in these proceedings will issue before the district court trial occurs, resulting in significant duplication of effort, additional expense for the 1 Citations are to papers in IPR2025-00592. Patent Owner filed similar papers in IPR2025-00593, IPR2025-00594, and IPR2025-00595. 2 In IPR2025-00593, Petitioner filed a motion for joinder to IPR2024-01040. In IPR2025-00594, Petitioner filed a motion for joinder to IPR2024-01038. In IPR2025-00595, Petitioner filed a motion for joinder to IPR2024-01194. parties, and a risk of inconsistent decisions. This weighs strongly in favor of discretionary denial.” slip op. at 2

    • PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingNot reached

      “Petitioner filed the Petition and an accompanying motion for joinder to IPR2024-01039, a proceeding that the Board instituted on January 14, 2025. Canadian Solar Inc. v. Maxeon Solar Pte. Ltd., IPR2024-01039, Paper 13 (PTAB Jan. 14, 2025).2 The Board first determines whether to institute a proceeding before considering a motion for joinder. 35 U.S.C. § 315(c). Accordingly, discretionary considerations are first reviewed for the Petition on its own, and then reviewed if joinder were to be granted.” slip op. at 2

    Discretionary denial
    Patents in suitUS 11,251,315
  • PTAB · Aug 14, 2025 · IPR2025-00592 · APJ Coke Morgan Stewart · IPR · Director review

    The Director granted Patent Owner’s discretionary-denial request and denied the petitions under § 314(a); no trial was instituted.

    RulingsDirector review decision
    • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivDenied

      “First, the projected final written decision due date for each of these proceedings is October 17, 2026. DD Req. 6. The district court’s scheduled trial date is June 1, 2026, and the time-to-trial statistics suggest trial will begin in June 2026. Id. at 6–7. As such, it is unlikely that a final written decision in these proceedings will issue before the district court trial occurs, resulting in significant duplication of effort, additional expense for the 1 Citations are to papers in IPR2025-00592. Patent Owner filed similar papers in IPR2025-00593, IPR2025-00594, and IPR2025-00595. 2 In IPR2025-00593, Petitioner filed a motion for joinder to IPR2024-01040. In IPR2025-00594, Petitioner filed a motion for joinder to IPR2024-01038. In IPR2025-00595, Petitioner filed a motion for joinder to IPR2024-01194. parties, and a risk of inconsistent decisions. This weighs strongly in favor of discretionary denial.” slip op. at 2

    • Other 314aInstitution denied discretionary otherDenied

      “01039, the proceeding that Petitioner seeks to join, is January 14, 2026. As such, it is likely that a final written decision will issue before the district court trial occurs. This is true for all of the proceedings Petitioner seeks to join, and generally counsels against discretionary denial. However, given that the present proceedings would not be instituted in the absence of the proceedings Petitioner seeks to join, there are little to no efficiencies to be gained by joining Petitioner to the proceedings already in progress. Although certain arguments are highlighted above, the determination to exercise discretion to deny institution is based on a holistic assessment of all of the evidence and arguments presented. Accordingly, the Petitions are denied under 35 U.S.C. § 314(a).” slip op. at 3

    • PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingNot reached

      “Petitioner filed the Petition and an accompanying motion for joinder to IPR2024-01039, a proceeding that the Board instituted on January 14, 2025. Canadian Solar Inc. v. Maxeon Solar Pte. Ltd., IPR2024-01039, Paper 13 (PTAB Jan. 14, 2025).2 The Board first determines whether to institute a proceeding before considering a motion for joinder. 35 U.S.C. § 315(c). Accordingly, discretionary considerations are first reviewed for the Petition on its own, and then reviewed if joinder were to be granted.” slip op. at 2

    Discretionary denial
    Patents in suitUS 8,222,516
  • PTAB · Jun 25, 2025 · IPR2025-00411 · APJ Coke Morgan Stewart · IPR · Director review

    The Director granted Patent Owner’s request for discretionary denial and denied institution under § 314(a), citing the ITC’s progress and the parties’ investment.

    RulingsDirector review decision
    • Other 314aInstitution denied discretionary otherDenied

      “is July 29, 2026. See Paper 6. The International Trade Commission (“ITC”) has conducted a full evidentiary hearing, issued an initial determination, and set a target date for August 18, 2025. Ex. 2005, 3. As such, it is unlikely that a final written decision in this proceeding will issue before the conclusion of the ITC investigation. Furthermore, there has been substantial investment by the parties in the ITC proceeding. DD Req. 7–10. These considerations favor discretionary denial.” slip op. at 2

    • PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingNot reached

      “to, or consolidation with, PGR2024-00030, a proceeding that the Board instituted on December 6, 2024. Samsung Elecs. Co. Ltd. v. Ouraring, Inc., PGR2024-00030, Paper 9 at 29 (PTAB Dec. 6, 2024). The Board first determines whether to institute a proceeding before considering a motion for joinder or whether to consolidate proceedings. 35 U.S.C. § 315(c). Accordingly, discretionary considerations are first reviewed for the Petition on its own, and then reviewed if joined or consolidated.” slip op. at 2

    Discretionary denial
    Patents in suitUS 11,868,178
  • PTAB · Jun 25, 2025 · IPR2025-00268 · APJ Coke Morgan Stewart · IPR · Director review

    The Director granted Patent Owner’s request for discretionary denial and denied institution under § 314(a), citing the district court’s earlier trial date and investment in that proceeding.

    RulingsDirector review decision
    • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Denied

      “trial date is January 23, 2026. Id. As such, it is unlikely that a final written decision will issue before the district court trial occurs. Furthermore, the parties have made meaningful investment in the district court proceeding. For example, a Markman hearing was held on May 9, 2025, and fact discovery is scheduled to close in August 2025. Id. at 13; DD Req. 6. Additionally, there is insufficient evidence that the district court is likely to stay its proceeding even if the Board were to institute trial. DD Opp. 6– 7. These considerations favor discretionary denial.” slip op. at 3

    • Other 314aInstitution denied discretionary otherDenied

      “Although certain arguments are highlighted above, the determination to exercise discretion to deny institution is based on a holistic assessment of all of the evidence and arguments presented. Accordingly, the Petition is denied under 35 U.S.C. § 314(a).” slip op. at 4

    • PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingNot reached

      “Petitioner filed the Petition and an accompanying motion for joinder to IPR2024-01308, a proceeding that the Board instituted on March 6, 2025. Genius Sports Ltd. v. SportsCastr Inc. (d/b/a PANDA Interactive), IPR2024-01308, Paper 9 at 61 (PTAB Mar. 6, 2025). 2 The Board first determines whether to institute a proceeding before considering a motion for joinder. 35 U.S.C. § 315(c). Accordingly, discretionary considerations are first reviewed for the Petition on its own, and then reviewed if joinder were to be granted.” slip op. at 2

    Discretionary denial
    Patents in suitUS 10,805,687
  • PTAB · Jun 25, 2025 · IPR2025-00265 · IPR · Director review

    The Director granted Patent Owner’s discretionary-denial request and denied institution under § 314(a), citing the district-court schedule and investment and the totality of the circumstances.

    RulingsDirector review decision
    • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivDenied

      “trial date is January 23, 2026. Id. As such, it is unlikely that a final written decision will issue before the district court trial occurs. Furthermore, the parties have made meaningful investment in the district court proceeding. For example, a Markman hearing was held on May 9, 2025, and fact discovery is scheduled to close in August 2025. Id. at 13; DD Req. 6. Additionally, there is insufficient evidence that the district court is likely to stay its proceeding even if the Board were to institute trial. DD Opp. 6– 7. These considerations favor discretionary denial. Second, review of the facts as if joinder were to be granted also favors discretionary denial. The projected final written decision due date for IPR2024-01308, the proceeding that Petitioner seeks to join, is March 6, 2026. Id. at 8.3 Therefore, even if joinder were granted, it is unlikely that a final written decision will issue before the district court trial occurs.” slip op. at 3

    • Other 314aInstitution denied discretionary otherDenied

      “Although certain arguments are highlighted above, the determination to exercise discretion to deny institution is based on a holistic assessment of all of the evidence and arguments presented. Accordingly, the Petition is denied under 35 U.S.C. § 314(a). In consideration of the foregoing, it is: ORDERED that Patent Owner’s request for discretionary denial is granted; and FURTHER ORDERED that the Petition is denied, and no trial is instituted.” slip op. at 4

    • PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingNot reached

      “Petitioner filed the Petition and an accompanying motion for joinder to IPR2024-01308, a proceeding that the Board instituted on March 6, 2025. Genius Sports Ltd. v. SportsCastr Inc. (d/b/a PANDA Interactive), IPR2024-01308, Paper 9 at 61 (PTAB Mar. 6, 2025). 2 The Board first determines whether to institute a proceeding before considering a motion for joinder. 35 U.S.C. § 315(c). Accordingly, discretionary considerations are first reviewed for the Petition on its own, and then reviewed if joinder were to be granted.” slip op. at 2

    Discretionary denial
    Patents in suitUS 10,425,697
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