- United Microelectronics Corporation / Umc Group (USA) v. Advanced Integrated Circuit Process LLCInstitution deniedPTAB · Oct 10, 2025 · IPR2025-01053 · APJ Coke Morgan Stewart · IPR · Director review
The Director granted Patent Owner’s discretionary denial request and denied institution under § 314(a), citing likely district court trial before the final written decision and strong settled expectations.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivInstitution denied
“In particular, the projected final written decision due date in these Board proceedings is December, 2026. DD Req. 2. The district court’s scheduled trial date is June 22, 2026, and the time-to-trial statistics suggest trial will begin between July and September 2026. Id. at 25, 27. As such, it is unlikely that a final written decision in these proceedings will issue before district court trial occurs, resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions.” slip op. at 2
- Settled expectationsInstitution denied settled expectationsInstitution denied
“Furthermore, the challenged patents have been in force for eleven, sixteen, fourteen, ten, thirteen, thirteen, and twelve years, respectively, creating strong settled expectations for Patent Owner, and Petitioner does not provide persuasive reasoning why an inter partes review is an appropriate use of Board resources. Dabico Airport Sols. Inc. v. AXA Power 1 Citations are to papers in IPR2025-01053. The parties filed similar papers in IPR2025-01076, IPR2025-01079, IPR2025-01090, IPR2025-01091, IPR2025-01092, and IPR2025-01093. ApS, IPR2025-00408, Paper 21 at 2–3 (Director June 18, 2025). Petitioner’s argument that Patent Owner does not have settled expectations because Patent Owner did not previously assert the challenged patents against Petitioner does not defeat Patent Owner’s settled expectations. DD Opp. 5. Accordingly, in the absence of sufficient explanation, Patent Owner’s strong settled expectations further favor of discretionary denial.” slip op. at 2
- Other 314aInstitution denied discretionary otherInstitution denied
“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
Discretionary denialPatents in suitUS 8,796,779 - Klein Tools, Inc. v. Milwaukee Electric Tool Corporation And Keter Home And Garden Products, Ltd.Institution deniedPTAB · Oct 10, 2025 · IPR2025-01018 · IPR · Director review
The Director granted Patent Owner’s request for discretionary denial, denied the Petition, and instituted no trial under § 314(a), citing the parallel ITC proceeding.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivDenied
“Other considerations favor discretionary denial. In particular, the projected final written decision due date in the Board proceeding is December 20, 2026. DD Req. 7. The target date for completion in the parallel International Trade Commission (“ITC”) investigation involving the parties is December 1, 2025. Id. at 11–12; Ex. 2007; DD Opp. 2. As such, it is unlikely that a final written decision in this proceeding will issue before the ITC investigation completes, resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions. Additionally, there is insufficient evidence that the ITC is likely to stay its proceeding even if the Board were to institute trial. DD Req. 9. Furthermore, there has been substantial investment in the parallel ITC proceeding by the parties. Id. at 11–12. For example, the ITC already held a Markman hearing, completed fact and expert discovery, conducted a full evidentiary hearing, and issued an initial determination. Id.; Ex. 2009, 10– 12. On balance, these circumstances favor discretionary denial. 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 2
- Director reviewDirector review, deniedDenied
“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 3
Discretionary denialPatents in suitUS 11,952,167 - Google LLC v. Advanced Coding Technologies LLCInstitution deniedPTAB · Oct 10, 2025 · IPR2025-01000 · APJ Kalyan K Deshpande · IPR · Director review
The Director denied institution under § 314(a), citing likely district court trial before the projected final written decision, settled expectations, and the holistic record.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivDenied
“In particular, the projected final written decision due date in the Board proceeding is December 11, 2026. DD Req. 6 n.1. The district court’s scheduled trial date is March 2, 2026, and the time-to-trial statistics suggest trial will begin between July 2026 and October 2026. Id. at 6–7; DD Opp. 45–48. As such, it is unlikely that a final written decision in this proceeding will issue before district court trial occurs, resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions.” slip op. at 2
- Settled expectationsInstitution denied settled expectationsDenied
“In addition, the challenged patents have been in force for thirteen, seven, and six years, creating settled expectations for Patent Owner, and Petitioner does not provide persuasive reasoning why an inter partes review is an appropriate use of Board resources. Dabico Airport Sols. Inc. v. AXA Power ApS, IPR2025-00408, Paper 21 at 2–3 (Director June 18, 2025). Additionally, Petitioner’s arguments that the Office made a material error during prosecution are not persuasive. See DD Opp. 29–38.” slip op. at 2
- PTAB / AIA Trials › Discretionary denial › §325(d) same art / argumentsDecided for patent owner
“seven, and six years, creating settled expectations for Patent Owner, and Petitioner does not provide persuasive reasoning why an inter partes review is an appropriate use of Board resources. Dabico Airport Sols. Inc. v. AXA Power ApS, IPR2025-00408, Paper 21 at 2–3 (Director June 18, 2025). Additionally, Petitioner’s arguments that the Office made a material error during prosecution are not persuasive. See DD Opp. 29–38.” slip op. at 2
- 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 Petitions are denied under 35 U.S.C. § 314(a).” slip op. at 3
Discretionary denialPatents in suitUS 10,218,995 - Google LLC v. Advanced Coding Technologies LLCInstitution deniedPTAB · Oct 10, 2025 · IPR2025-00999 · APJ Kalyan K Deshpande · IPR · Director review
The Director denied institution under § 314(a), finding that district court trial would likely precede the final written decision, settled expectations favored denial, and prosecution-error arguments were unpersuasive.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivDenied
“In particular, the projected final written decision due date in the Board proceeding is December 11, 2026. DD Req. 6 n.1. The district court’s scheduled trial date is March 2, 2026, and the time-to-trial statistics suggest trial will begin between July 2026 and October 2026. Id. at 6–7; DD Opp. 45–48. As such, it is unlikely that a final written decision in this proceeding will issue before district court trial occurs, resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions.” slip op. at 2
- Settled expectationsInstitution denied settled expectationsDenied
“In addition, the challenged patents have been in force for thirteen, seven, and six years, creating settled expectations for Patent Owner, and Petitioner does not provide persuasive reasoning why an inter partes review is an appropriate use of Board resources. Dabico Airport Sols. Inc. v. AXA Power ApS, IPR2025-00408, Paper 21 at 2–3 (Director June 18, 2025). Additionally, Petitioner’s arguments that the Office made a material error during prosecution are not persuasive. See DD Opp. 29–38.” slip op. at 2
- PTAB / AIA Trials › Discretionary denial › §325(d) same art / argumentsInstitution denied 325dDenied
“seven, and six years, creating settled expectations for Patent Owner, and Petitioner does not provide persuasive reasoning why an inter partes review is an appropriate use of Board resources. Dabico Airport Sols. Inc. v. AXA Power ApS, IPR2025-00408, Paper 21 at 2–3 (Director June 18, 2025). Additionally, Petitioner’s arguments that the Office made a material error during prosecution are not persuasive. See DD Opp. 29–38.” slip op. at 2
- PTAB / AIA Trials › Discretionary denialInstitution 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 Petitions are denied under 35 U.S.C. § 314(a).” slip op. at 3
Discretionary denialPatents in suitUS 9,986,303 - Google LLC v. Advanced Coding Technologies LLCInstitution deniedPTAB · Oct 10, 2025 · IPR2025-00998 · APJ Kalyan K Deshpande · IPR · Director review
The Director granted Patent Owner’s discretionary denial request and denied institution under § 314(a), citing trial timing, settled expectations, and unpersuasive prosecution-error arguments.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivDenied
“In particular, the projected final written decision due date in the Board proceeding is December 11, 2026. DD Req. 6 n.1. The district court’s scheduled trial date is March 2, 2026, and the time-to-trial statistics suggest trial will begin between July 2026 and October 2026. Id. at 6–7; DD Opp. 45–48. As such, it is unlikely that a final written decision in this proceeding will issue before district court trial occurs, resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions.” slip op. at 2
- Settled expectationsInstitution denied settled expectationsDenied
“In addition, the challenged patents have been in force for thirteen, seven, and six years, creating settled expectations for Patent Owner, and Petitioner does not provide persuasive reasoning why an inter partes review is an appropriate use of Board resources. Dabico Airport Sols. Inc. v. AXA Power ApS, IPR2025-00408, Paper 21 at 2–3 (Director June 18, 2025). Additionally, Petitioner’s arguments that the Office made a material error during prosecution are not persuasive. See DD Opp. 29–38.” slip op. at 2
- PTAB / AIA Trials › Discretionary denial › §325(d) same art / argumentsInstitution denied 325dDenied
“seven, and six years, creating settled expectations for Patent Owner, and Petitioner does not provide persuasive reasoning why an inter partes review is an appropriate use of Board resources. Dabico Airport Sols. Inc. v. AXA Power ApS, IPR2025-00408, Paper 21 at 2–3 (Director June 18, 2025). Additionally, Petitioner’s arguments that the Office made a material error during prosecution are not persuasive. See DD Opp. 29–38.” slip op. at 2
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied discretionary otherInstitution denied
“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). In consideration of the foregoing, it is: ORDERED that Patent Owner’s request for discretionary denial is granted; FURTHER ORDERED that the Petitions are denied, and no trial is instituted.” slip op. at 3
Discretionary denialPatents in suitUS 8,090,025 - Mim Software Inc. v. Progenics Pharmaceuticals, Inc.Institution deniedPTAB · Oct 10, 2025 · IPR2025-00726 · APJ Annette R Reimers · IPR · Institution
The Board denied institution because the Petition did not adequately explain which of its three alternative constructions of “risk indices” applied to the asserted grounds.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“review. 35 U.S.C. § 314(b) (2018); 37 C.F.R. § 42.4(a) (2024). An inter partes review may not be instituted “unless . . . the information presented in the petition . . . shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” 35 U.S.C. § 314(a). Upon consideration of the Petition and the evidence of record, we determine that Petitioner has not demonstrated a reasonable likelihood of success in proving that at least 1 claim of the ’141 patent is unpatentable. 1” slip op. at 2
- BurdenDenied
“risk index” differ in several “particular details,” but those details matter and can make a difference in our patentability analysis, especially given Petitioner’s acknowledgment that there is no well-established ordinary and customary meaning for the term. In taking this “choose-your-own-adventure” approach to claim construction, Petitioner fails to satisfy the requirements of 37 C.F.R. § 42.104(b)(3)–(4), which specify the content of the petition. In particular, Rule 42.104(b)(3) requires the petition to identify “[h]ow the challenged claim is to be construed,” while Rule 42.104(b)(4) requires the petition to identify “[h]ow the construed claim is unpatentable” under either 35 U.S.C. § 102 or § 103. Moreover, by proposing these “choose-your-own-adventure” constructions, Petitioner obfuscates which circumstances each proposed construction should be applied. The Board does not find that alternative claim constructions are per se improper. Nonetheless, there must be reasoning to explain the circumstances under which each alternative construction should be applied. For example, Petitioner may assert one construction on the basis that a claim term should be construed as a means-plus-function term under 35 U.S.C. § 112(f), but also propose an alternative construction to be applied if the term is not found to be a means-plus-function term. However, Petitioner does not provide any rationale here for including three alternative constructions. Rather, Petitioner indicates there is no well-established ordinary and customary meaning for the term(s), and incorrectly contends that the three alternative constructions are not significantly different without explaining why three different constructions are being proposed or under what circumstances one construction should be applied over the other two constructions. slip op. at 7
Discretionary denialPatents in suitUS 11,894,141 - Mim Software Inc. v. Progenics Pharmaceuticals, Inc.Institution deniedPTAB · Oct 8, 2025 · IPR2025-00725 · APJ Christopher G Paulraj · IPR · Institution
The Board denied institution because the Petition failed to explain how the challenged claims should be construed or how the prior art rendered them unpatentable under the proposed constructions.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied
“III.CONCLUSION For the foregoing reasons, we determine that the Petition fails to satisfy the requirement of 37 C.F.R. § 42.104(b) to set forth how the challenged claims are to be construed. Accordingly, we decline to institute an inter partes review. IV.ORDER In consideration of the foregoing, it is hereby: ORDERED that, pursuant to 35 U.S.C. § 314, the Petition for an inter partes review is denied and no inter partes review is instituted.” slip op. at 10
- BurdenDenied
“particular details,” but those details matter and can make a difference in our patentability analysis, especially given Petitioner’s acknowledgment that there is no well-established ordinary and customary meaning for the term. In taking this “choose-your-own-adventure” approach to claim construction, Petitioner fails to satisfy the requirements of 37 C.F.R. § 42.104(b)(3)–(4), which specify the content of the petition. In particular, Rule 42.104(b)(3) requires the petition to identify “[h]ow the challenged claim is to be construed,” while Rule 42.104(b)(4) requires the petition to identify “[h]ow the construed claim is unpatentable” under either 35 U.S.C. § 102 or § 103. Moreover, by proposing these “choose-your-own-adventure” constructions, Petitioner obfuscates which claim construction the Board is being asked to apply, and under what circumstances each proposed construction should be applied. To be sure, we do not find that alternative claim constructions are per se improper. Nonetheless, there must be reasoning to explain the circumstances under which each alternative construction should be applied or an explanation of how the prior art renders the claims unpatentable under alternative constructions. For instance, Petitioner may assert one construction on the basis that a claim term should be construed as a meansplus-function term under 35 U.S.C. § 112(f), but also propose an alternative construction to be applied if the term is not found to be a means-plus- any rationale here for including three alternative constructions. Instead, Petitioner indicates there is no well-established ordinary and customary meaning for the term, and incorrectly contends that the three alternative constructions are not significantly different without explaining why three different constructions are being proposed or under what circumstances one construction should be applied over the other two constructions. slip op. at 7
Discretionary denialPatents in suitUS 11,424,035 - Mim Software Inc. v. Progenics Pharmaceuticals, Inc.Institution deniedPTAB · Oct 8, 2025 · IPR2025-00630 · APJ Christopher G Paulraj · IPR · Institution
The Board denied institution because the Petition failed to explain which of three alternative constructions of “risk map” applied or how the prior art met the claims under those constructions.
RulingsInstitution decision- BurdenDenied
“particular details,” but those details matter and can make a difference in our patentability analysis, especially given that Petitioner acknowledges there is no well-established ordinary and customary meaning for the term. In taking this “choose-your-own-adventure” approach to claim construction, Petitioner fails to satisfy the requirements of 37 C.F.R. § 42.104(b)(3)–(4), which specify the content of the petition. In particular, Rule 42.104(b)(3) requires the petition to identify “[h]ow the challenged claim is to be construed,” while Rule 42.104(b)(4) requires the petition to identify “[h]ow the construed claim is unpatentable” under either 35 U.S.C. § 102 or § 103. Moreover, by proposing these “choose-your-own-adventure” constructions, Petitioner obfuscates which claim construction the Board is being asked to apply, and under what circumstances each proposed construction should be applied. To be sure, we do not find that alternative claim constructions are per se improper. Nonetheless, there must be reasoning to explain the circumstances under which each alternative construction should be applied or an explanation of how the prior art renders the claims unpatentable under alternative constructions. For instance, Petitioner may assert one construction on the basis that a claim term should be construed as a means- construction assuming the term is not found to be a means-plus-function term. Unlike this example, however, Petitioner does not provide any rationale here for including three alternative constructions. Instead, Petitioner indicates there is no well-established ordinary and customary meaning for the term, and summarily contends that the three alternative constructions are not significantly different without explaining why three different constructions are being proposed or under what circumstances one construction should be applied over the other two constructions. slip op. at 7
Discretionary denialPatents in suitUS 10,665,346 - Hisense USA Corporation v. Phenix Longhorn LLCInstitution deniedPTAB · Oct 3, 2025 · IPR2025-01004 · APJ Coke Morgan Stewart · IPR · Director review
The Director denied institution of inter partes review under § 314(a), citing the district court’s earlier scheduled trial and a prior challenge to the patent.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivInstitution denied
“In particular, the projected final written decision due date in the Board proceeding is December 16, 2026. See Paper 3, 1. The district court’s scheduled trial date is January 20, 2026. DD Req. 10. As such, it is unlikely that a final written decision in this proceeding will issue before district court trial occurs, resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions.” slip op. at 2
- Other 314aInstitution denied discretionary otherInstitution denied
“Additionally, the challenged patent was involved in a prior Board proceeding. See Innolux Corp. v. Phenix Longhorn LLC, IPR2025-00044, Paper 11, 23, 25 (PTAB June 9, 2025). In that prior proceeding, the Board denied institution, finding that the petition did not satisfy the requirements of 37 C.F.R. § 42.104(b)(3) and did not present a reasonable likelihood that a challenged claim was unpatentable. DD Req. 35; Innolux, IPR2025-00044, Paper 11, 23, 25. Even absent road mapping, prior challenges weigh against institution. 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 2
- Director reviewDirector review, deniedDenied
“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 2
Discretionary denialPatents in suitUS 7,557,788 - Maplebear Inc. D/B/A Instacart v. Fall Line Patents, LLCInstitution deniedPTAB · Sep 26, 2025 · IPR2025-00958 · APJ Coke Morgan Stewart · IPR · Director review
The Director granted Patent Owner’s discretionary-denial request, denied the petition, and declined to institute IPR based on parallel litigation, settled expectations, and road mapping concerns.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivDenied
“The projected final written decision due date in the Board proceeding is December 12, 2026. Patent Owner has not asserted the challenged patent against Petitioner in district court, but Patent Owner has asserted the challenged patent against Petitioner’s customers.2 DD Req. 5–6; DD Opp. 2–3. For the district court proceeding involving Patent Owner and Petitioner’s customers, the scheduled trial date is July 27, 2026, and time-totrial statistics suggest trial would begin by October 2026. DD Req. 5. As such, it is unlikely that a final written decision in this proceeding will issue before the district court trial occurs, resulting in significant duplication of effort, additional expense, and a risk of inconsistent decisions.” slip op. at 2
- Settled expectationsInstitution denied settled expectationsDenied
“Additionally, the challenged patent has been in force for approximately nine years, creating settled expectations for Patent Owner, and Petitioner does not provide persuasive reasoning why an inter partes review is an appropriate use of Board resources. Dabico Airport Sols. Inc. v. AXA Power ApS, IPR2025-00408, Paper 21 at 2–3 (Director June 18, 2025).” slip op. at 2
- PTAB / AIA Trials › Discretionary denial › General Plastic (serial petitions)Institution denied general plasticDenied
“Further, the challenged patent has been the subject of multiple proceedings before the Board, and this is the second petition challenging claim 7. DD Req. 2; DD Opp. 1–2, 9. In the prior proceeding involving claim 7, the Board entered a final written decision finding that the petitioner did not prove, by a preponderance of the evidence, that claim 7 of the challenged patent would have been obvious over Barbosa3 and Falls.4 DD Req. 3; Starbucks Corp. v. Fall Line Patents, LLC, IPR2019-00610, Paper 42 at 34 (PTAB May 17, 2022) (final decision on remand). In this proceeding, Petitioner relies on Barbosa and Falls, and states that its “challenges here address the precise elements that prevented invalidation of Claim 7 in earlier proceedings.” DD Opp. 9; see also id. at 3 (arguing that “the Petition squarely addresses the deficiency identified by the Board in the prior IPR challenging claim 7”). Petitioner’s admission raises concerns of road mapping and weighs in favor of discretionary denial. See Amazon Web Servs., Inc. v. Croga Innovations, Ltd., IPR2025-00884, Paper 9 at 2 (Director Sept. 3, 2025).” slip op. at 3
- PTAB / AIA Trials › Discretionary denialInstitution 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 3 U.S. Patent No. 6,961,586 B2, issued Nov. 1, 2005 (Ex. 1005). 4 U.S. Patent No. 5,991,771, issued Nov. 23, 1999 (Ex. 1006). FURTHER ORDERED that the Petition is denied, and no trial is instituted.” slip op. at 3
Discretionary denialPatents in suitUS 9,454,748
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.