- Ipr2026-00351Institution deniedPTAB · Sep 23, 2026 · IPR2026-00351 · APJ John A Squires · IPR · Director review
The Director denied institution of IPR2026-00351 after determining that the petitioner failed to show a reasonable likelihood of prevailing on at least one challenged claim.
RulingsDirector review decision- Director reviewDirector review, deniedDenied
“Pursuant to 35 U.S.C. § 314(a), after review of the merits, the petitioner has failed to show a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition. Accordingly, institution of inter partes review is denied in the following proceedings:” slip op. at 2
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“Pursuant to 35 U.S.C. § 314(a), after review of the merits, the petitioner has failed to show a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition. Accordingly, institution of inter partes review is denied in the following proceedings:” slip op. at 2
NonePatents in suitUS 11,878,049 - Liftwerx USA Inc. v. Liftra IP ApsInstitution deniedPTAB · Jul 28, 2026 · IPR2026-00102 · APJ John A Squires · IPR · Institution
The Board denied institution because the petition did not sufficiently explain where the prior art taught the claimed elements.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“Petitioner is required to show how the construed claim is unpatentable under the asserted grounds by “specify[ing] where each element of the claim is found in the prior art patents or printed publications relied upon.” 37 C.F.R. § 42.104(b)(4). Here, Petitioner fails to specify where in the prior art each claim element is found. For example, Petitioner’s analysis based on Signore and Weaver includes a statement that each reference “discloses pressure mandrels with tap shoes,” with quotations from the references and colorized figures. See Pet. 49–51. Yet Petitioner does not explain why Signore’s “plurality of torque clamps” teach “tap shoes,” and Petitioner’s highlighting of a figure from Weaver does not elucidate which elements from Weaver that Petitioner regards as “tap shoes.” See id. As such, I find Petitioner’s showing to be insufficient for institution. “It is of the utmost importance that petitioners in the IPR proceedings adhere to the requirement that the initial petition identify ‘with particularity’ the ‘evidence that supports the grounds for the challenge to each claim.’” Intelligent Bio-Sys., Inc. v. Illumina Cambridge Ltd., 821 F.3d 1359, 1369 (Fed. Cir. 2016) (quoting 35 U.S.C. § 312(a)(3)).” slip op. at 2
- BurdenDenied
“Petitioner is required to show how the construed claim is unpatentable under the asserted grounds by “specify[ing] where each element of the claim is found in the prior art patents or printed publications relied upon.” 37 C.F.R. § 42.104(b)(4). Here, Petitioner fails to specify where in the prior art each claim element is found. For example, Petitioner’s analysis based on Signore and Weaver includes a statement that each reference “discloses pressure mandrels with tap shoes,” with quotations from the references and colorized figures. See Pet. 49–51. Yet Petitioner does not explain why Signore’s “plurality of torque clamps” teach “tap shoes,” and Petitioner’s highlighting of a figure from Weaver does not elucidate which elements from Weaver that Petitioner regards as “tap shoes.” See id. As such, I find Petitioner’s showing to be insufficient for institution. “It is of the utmost importance that petitioners in the IPR proceedings adhere to the requirement that the initial petition identify ‘with particularity’ the ‘evidence that supports the grounds for the challenge to each claim.’” Intelligent Bio-Sys., Inc. v. Illumina Cambridge Ltd., 821 F.3d 1359, 1369 (Fed. Cir. 2016) (quoting 35 U.S.C. § 312(a)(3)).” slip op. at 2
NonePatents in suitUS 12,104,578 - Ipr2026-00305Institution deniedPTAB · Jul 14, 2026 · IPR2026-00305 · APJ John A Squires · IPR · Director review
Institution of IPR2026-00305 was denied because the petitioner failed to show a reasonable likelihood of prevailing on at least one challenged claim.
RulingsDirector review decision- Director reviewDirector review, deniedDenied
“NOTICE Pursuant to 35 U.S.C. § 314(a), after review of discretionary and non- merits considerations, institution of inter partes review is denied in the following proceedings: IPR2026-00255 IPR2026-00284 IPR2026-00307 IPR2026-00261 IPR2026-00300* IPR2026-00308 IPR2026-00281 IPR2026-00305 IPR2026-00309” slip op. at 1
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Other
“NOTICE Pursuant to 35 U.S.C. § 314(a), after review of discretionary and non- merits considerations, institution of inter partes review is denied in the following proceedings: IPR2026-00255 IPR2026-00284 IPR2026-00307 IPR2026-00261 IPR2026-00300* IPR2026-00308 IPR2026-00281 IPR2026-00305 IPR2026-00309” slip op. at 1
NonePatents in suitUS 7,840,427 - Microsoft Corporation v. Sandpiper CDN, LLCInstitution deniedPTAB · May 15, 2026 · IPR2026-00190 · APJ John A Squires · IPR · Director review
The Director denied institution of Microsoft’s IPR petition based on settled expectations and § 325(d), finding no material Office error in its consideration of the prior art.
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsDenied
“challenged patent has been in “force for over nine years.” DD Req. 10. Patent Owner argues that, over that time period, it developed settled expectations that the patent is valid and enforceable. See Dabico Airport Sols. Inc. v. Axa Power Aps, IPR2025-00408, Paper 21 at 2–3 (Director June 18, 2025). Patent Owner’s settled expectations favor discretionary denial.” slip op. at 2
- PTAB / AIA Trials › Discretionary denial › §325(d) same art / argumentsInstitution denied 325dDenied
“If reasonable minds can disagree regarding the purported treatment of the art or arguments, it cannot be said that the Office erred in a manner material to patentability.” Advanced Bionics, Paper 6 at 9; see Ecto World, LLC v. RAI Strategic Holdings, Inc., IPR2024-01280, Paper 13 at 6 (Director May 19, 2025) (precedential) (“Ecto World”). Petitioner’s argument is a general disagreement with the patent examiner’s position and does not set forth an error material to the patentability of the challenged claims. slip op. at 3
Discretionary denialPatents in suitUS 9,456,053 - Pgr2026-00008Institution deniedPTAB · Apr 6, 2026 · PGR2026-00008 · APJ John A Squires · PGR · Director review
The Director denied institution of PGR2026-00008 after finding that the petitioner failed to meet the merits threshold.
RulingsDirector review decision- Director reviewDirector review, deniedDenied
“merits, the petitioner has failed to show a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as appropriate. Accordingly, institution of inter partes review or post-grant review is denied in the following proceedings: IPR2026-00070 PGR2026-00008 Pursuant to 35 U.S.C. § 314(a), after review of the merits, the” slip op. at 1
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“merits, the petitioner has failed to show a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as appropriate. Accordingly, institution of inter partes review or post-grant review is denied in the following proceedings: IPR2026-00070 PGR2026-00008 Pursuant to 35 U.S.C. § 314(a), after review of the merits, the” slip op. at 1
NonePatents in suitUS 12,337,715 - Ipr2025-01604Institution deniedPTAB · Mar 23, 2026 · IPR2025-01604 · APJ John A Squires · IPR · Director review
The Director denied institution of IPR2025-01604 after reviewing discretionary and non-merits considerations.
RulingsDirector review decision- Director reviewDirector review, deniedDenied
“NOTICE Pursuant to 35 U.S.C. § 314(a) and § 324(a), after review of discretionary and non-merits considerations, institution of inter partes review or post-grant review is denied in the following proceedings: IPR2025-014821 IPR2026-000971 IPR2026-00153 IPR2025-01601 IPR2026-00141 IPR2026-00154 IPR2025-01602 IPR2026-00142 PGR2026-000011 IPR2025-01604 IPR2026-00144 IPR2026-000181” slip op. at 1
Discretionary denialPatents in suitUS 10,728,436 - Alpinestars S.P.A. / Alipinestars USA Inc. v. Dainese S.P.A.Rehearing deniedPTAB · Feb 9, 2026 · IPR2025-00750 · APJ Benjamin D M Wood · IPR · Rehearing
The Board denied rehearing, leaving institution denied because Petitioner did not show a reasonable likelihood of prevailing on claims 1–22 under the challenged obviousness grounds.
RulingsRehearing decision- RehearingRehearing, deniedDenied
“Petitioner misstates the Decision’s reasoning. As is clear from the previous discussion, we determined that Petitioner’s articulated reasons for combining EP’536 with CN’180 lacked a rational underpinning, not because “EP’536 does not relate to ‘air bags,’” but because the means by which EP’536’s device inflates differs fundamentally from that of CN’180’s device. Dec. 17–18. Petitioner did not acknowledge this critical difference in the Petition, and continues not to do so in its Rehearing Request.” slip op. at 5
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation not foundNot shown unpatentable
“EP’536 with CN’180 lacked a rational underpinning because EP’536’s inflation mechanism differs fundamentally from CN’180’s inflation mechanism. Dec. 17–18. As we stated, whereas CN’180’s fall-protection belt uses an airbag that requires an external source of pressurized air to inflate, EP’536’s garment does not need an external inflation device because “the gas generating agent 18 in each envelope automatically generates gas and inflates the envelopes in response to rising temperatures.” Id. at 18 (citing Ex. 1004 ¶ 15; Ex. 1005 ¶¶ 5, 19). This difference reflects the fundamentally different purposes of the two devices: CN’180’s device is designed to provide “fall protection” to, e.g., “elderly people,” (Ex. 1005 ¶ 1, 3), whereas EP’536’s device provides “adaptive thermal insulation” for, e.g., garments worn by fire fighters. Ex. 1004 ¶¶ 1–3, 250. Because of the different means by which EP’536’s and CN’180’s devices inflate and the different purposes for doing so, we were not persuaded that one of ordinary skill in the art would have combined the references as Petitioner proposed. Dec. 18. We further noted that the modification would not have improved the reusability of EP’536’s device “by having only one mechanism to recharge,” because EP’536’s “gas generating agent does not need any ‘mechanism to recharge.’” Dec. 18. Instead, we noted EP’536’s teaching that its gas generating agent “automatically recombines or condenses in response to a temperature decrease to return the envelopes, and therefore the garment, to its original thickness, at which point the gas generating agent is ready for subsequent reactivation.” Id. (citing Ex. 1004 ¶¶ 139–141). Finally, we determined that replacing EP’536’s envelopes with CN’180’s airbag “would have made EP’536’s invention unsuitable for its intended purpose: providing a protective garment with ‘adaptive thermal insulation.’” Dec. 19. We stated that “Petitioner does not suggest, and we have found nothing in the record to establish, that CN’180’s airbag would provide this feature.” Id. at 20.” slip op. at 3
- Obviousness (§103) › KSR rationalesMotivation not foundNot shown unpatentable
“rationales for combining EP’536 and CN’180. Reh’g Req. 6–7. First, Petitioner asserts that we “improperly rejected Petitioner’s ‘simple substitution’ evidence in view of [the Board’s] incorrect conclusion that EP’536 does not disclose an ‘external source of inflation [EP’536’s dosing aids].’” Id. at 6 (citing Dec. 18–19). This argument is unpersuasive at least because, as we discussed above, EP’536’s dosing aids do not constitute an external source of inflation. Petitioner further argues that we incorrectly evaluated its “obvious to try” rationale because, contrary to our analysis, Petitioner did in fact identify a problem to be solved by its “finite number of solutions”: “simplify[ing] the design and reduc[ing] the number of required inflation mechanisms.” Id. at 6–7. The Petition’s entire “obvious to try” discussion is as follows: [A] POSITA would have found it obvious to try a one-piece airbag 10 with strip-shaped inflation units 12 in the EP’536- CN’180 airbag system because it would have been a selection from a finite number of identified predictable solutions (i.e., using one chamber with connected individual inflation units 12 versus multiple individual envelopes 20). 5 Petitioner also argues that dosing aids are “needed in order to make the disclosed device reusable.” Reh’g Req. 5–6. This is incorrect, as EP’536 conveys that the reusability of the device is a result of the gas generating agent condensing or recombining when temperatures fall. Ex. 1004 ¶¶ 139– 141. Even if it were true, however, it is unclear how it would support Petitioner’s argument. Pet. 16. As is evident, Petitioner did not identify a design need, market pressure, or other problem that would have been addressed by its identified “solutions,” and therefore we were not persuaded by this rationale. Dec. 19. Petitioner’s attempt to cure this deficiency in its Rehearing Request is tardy. We cannot misapprehend or overlook an assertion that Petitioner fails to make in the Petition. It is also insufficient. Petitioner does not provide any evidence of a known design need or market pressure to “simplify [EP’536’s] design” or reduce the number of “required inflation mechanism” it uses.” slip op. at 7
§ 103 obviousnessPatents in suitUS 12,012,065 - Ipr2025-01316Institution deniedPTAB · Jan 9, 2026 · IPR2025-01316 · APJ John A Squires · IPR · Institution
The Board denied institution of IPR2025-01316 because the petitioner failed to show a reasonable likelihood of prevailing on at least one challenged claim.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsDenied
“Pursuant to 35 U.S.C. § 314(a) and § 324(a), after review of the merits, the petitioner has failed to show a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as applicable. Accordingly, institution of inter partes review or post-grant review is denied in the following proceedings:” slip op. at 2
NonePatents in suitUS 10,812,646 - Pgr2025-00061Institution deniedPTAB · Dec 23, 2025 · PGR2025-00061 · APJ John A Squires · PGR · Director review
The Director denied institution of PGR2025-00061 after finding the petitioner failed to meet the applicable merits threshold.
RulingsDirector review decision- Director reviewDirector review, deniedDenied
“Before JOHN A. SQUIRES, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. NOTICE Pursuant to 35 U.S.C. § 314(a) and § 324(a), after review of the merits, the petitioner has failed to show a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as applicable. Accordingly, institution of inter partes review or post-grant review is denied in the following proceedings:” slip op. at 1
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“NOTICE Pursuant to 35 U.S.C. § 314(a) and § 324(a), after review of the merits, the petitioner has failed to show a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as applicable. Accordingly, institution of inter partes review or post-grant review is denied in the following proceedings:” slip op. at 1
NonePatents in suitUS 12,110,780 - Cambridge Industries USA, Inc. v. Applied Optoelectronics, Inc.Rehearing deniedPTAB · Dec 19, 2025 · IPR2025-00434 · APJ Mitchell G Weatherly · IPR · Rehearing
The Board denied Petitioner’s rehearing request, leaving institution denied because Shen and Soldano did not establish a reasonable likelihood of anticipating claims 1–7.
RulingsRehearing decision- RehearingRehearing, deniedDenied
“When rehearing a decision on petition, the Board will review the decision for an abuse of discretion. See 37 C.F.R. § 42.71(c). An abuse of discretion may be determined if a decision is based on an erroneous interpretation of law, if a factual finding is not supported by substantial evidence, or if the decision represents an unreasonable judgment in weighing relevant factors. See Arnold P’ship v. Dudas, 362 F.3d 1338, 1340 (Fed. Cir. 2004). The party challenging the decision has the burden of showing the decision should be modified, and the request for rehearing “must specifically identify all matters the party believes the Board misapprehended or overlooked, and the place where each matter was previously addressed” in its papers. 37 C.F.R. § 42.71(d).” slip op. at 2
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“II. ANALYSIS In our Decision, we concluded that Petitioner had failed to carry its burden of demonstrating a reasonable likelihood of prevailing that either Shen or Soldano anticipated claims 1–7. Dec. 18, 26. Petitioner argues that we should institute review for three reasons. First, Petitioner argues that we abused our discretion by (a) “refusing” to interpret the scope of the claimed” slip op. at 2
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededNot reached
“Owner’s interpretation of “carrier” as meaning “one or more components for supporting ROSA components such as an AWG.” Dec. 9 (quoting Pet. 11). For our analysis of Petitioner’s challenges, we referred to this interpretation of “carrier” as Petitioner’s second alternative construction. Id. We also noted that Petitioner appeared to dispute Patent Owner’s interpretation when it argued that “carrier” should mean “a ceramic or silicon substrate.” Id. (quoting Pet. 10). We referred to this interpretation of “carrier” as the first alternative construction. Id. Rather than resolve this apparent dispute about the meaning of “carrier,” we found that both of Petitioner’s anticipation challenges failed under both interpretations of “carrier.” Id. at 10–26. Because we found that Petitioner had failed to carry its burden regardless of which interpretation of “carrier” applied, we found it unnecessary to resolve the dispute over that interpretation. Id. at 9–10. For the reasons expressed in Parts II.B–C below, we maintain our conclusion that Petitioner has failed to demonstrate a reasonable likelihood of proving that either Shen or Soldano anticipates any claim under either interpretation of “carrier.” Accordingly, Petitioner fails to demonstrate an abuse of discretion in our alleged “refusal” to interpret “carrier.”” slip op. at 3
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)Not shown unpatentableNot shown unpatentable
“Reh’g Req. 14. We cannot weigh Petitioner’s arguments based on its assertions about “caselaw” because Petitioner cited no cases to support its arguments. See id. Nevertheless, we infer that Petitioner intends its statements of “caselaw” to refer to the requirements to make out a case for anticipation. If so, Petitioner demonstrably miscasts what appear to be the legal principles for proving anticipation. As stated in our Decision: “A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference.” Verdegaal Bros., Inc. v. Union Oil Co. of California, 814 F.2d 628, 631 (Fed. Cir. 1987).” Dec. 7. Making a showing that a prior art reference anticipates a patent claim thus necessarily requires proof that a single reference “expressly or inherently” describes every element of that claim and with all elements being arranged in the reference as they are in the” slip op. at 7
Claim construction§ 102 anticipationPatents in suitUS 10,379,301
Holdings, summaries, rulings, issues, outcomes, winners and claim constructions shown for a decision were generated by a large language model reading the opinion. They are a guide to the decision, not the decision. Confirm every one against the court's own text before relying on it. Outcomes read from the patent owner’s side. Party names are extracted from the decision and are missing on about 900 short Director denials and scans, which carry the trial number instead.