- Biocon Biologics, Inc. / Biocon Biologics Limited v. Regeneron Pharmaceuticals, Inc.Institution deniedPTAB · Sep 24, 2026 · PGR2026-00039 · APJ John A Squires · PGR · Director review
The Director denied the petition and instituted no trial because it was filed more than nine months after the patent issued, contrary to § 321(c).
RulingsDirector review decision- PTAB / AIA Trials › §315(b) time barInstitution denied time barDenied
“I agree with Patent Owner that the Petition is barred by § 321(c). Section 321(c) provides that “[a] petition for a post-grant review may only be filed not later than the date that is 9 months after the date of the grant of the patent or of the issuance of a reissue patent (as the case may be).” Joinder is authorized under 35 U.S.C. § 325(c), which provides that “[i]f more than 1 petition for a post-grant review under this chapter is properly filed against the same patent and the Director determines that more than 1 of these petitions warrants the institution of a post-grant review under section 324, the Director may consolidate such reviews into a single post-grant review.” Notably, the statutory authorization for joinder under § 325(c) does not provide an exception to the nine-month statutory bar, as it requires any petition considered for joinder to be “properly filed,” i.e., to meet the statutory filing requirements including the nine-month filing deadline recited in § 321(c). Petitioner argues that I have broad discretion to promulgate rules and permit exceptions, such as here where institution would increase efficiency. See Reply 2–3. I agree that my institution discretion is broad. But § 325(c) provides no exception to the time period in which a petition for post-grant review may be filed.1 The board rule on which Petitioner relies cannot override a clear statutory requirement, and Petitioner does not point” slip op. at 3
- PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingJoinder, deniedDenied
“Section 321(c) provides that “[a] petition for a post-grant review may only be filed not later than the date that is 9 months after the date of the grant of the patent or of the issuance of a reissue patent (as the case may be).” Joinder is authorized under 35 U.S.C. § 325(c), which provides that “[i]f more than 1 petition for a post-grant review under this chapter is properly filed against the same patent and the Director determines that more than 1 of these petitions warrants the institution of a post-grant review under section 324, the Director may consolidate such reviews into a single post-grant review.” Notably, the statutory authorization for joinder under § 325(c) does not provide an exception to the nine-month statutory bar, as it requires any petition considered for joinder to be “properly filed,” i.e., to meet the statutory filing requirements including the nine-month filing deadline recited in § 321(c). Petitioner argues that I have broad discretion to promulgate rules and permit exceptions, such as here where institution would increase efficiency. See Reply 2–3. I agree that my institution discretion is broad. But § 325(c) provides no exception to the time period in which a petition for post-grant review may be filed.1 The board rule on which Petitioner relies cannot override a clear statutory requirement, and Petitioner does not point 1 Although the Office continues to encourage joinder and early challenges to increase efficiency and resolve patentability challenges early in the life of the patent, these considerations must follow the statute.” slip op. at 3
Discretionary denialPatents in suitUS 12,168,036 - Google LLC v. Secure Communication Technologies, LLCInstitution deniedPTAB · May 15, 2026 · IPR2026-00099 · APJ John A Squires · IPR · Director review
The Director denied Google’s petition and instituted no trial, exercising discretion based on the complete record and holistic assessment, including settled expectations.
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsDenied
“Petitioner’s arguments are not persuasive. Petitioner was aware of the challenged patent no later than February 2012, and Patent Owner specifically identified the patent as being of interest to mobile commerce providers. See Ex. 2004. Petitioner cited the challenged patent to the Office during prosecution of Petitioner’s own Application No. 13/716,675 in December 2012. See Ex. 2007. Application No. 13/716,675 is titled “Methods and Systems for Efficient Discovery of Devices in a Peer-to-Peer Network.” See Ex. 2006. Efficient discovery of devices in a peer-to-peer network appears to be relevant to both retail operations and the finding and tracking of personal electronic devices. Accordingly, Petitioner’s own actions indicate it was aware that the challenged patent was relevant to its technology space.” slip op. at 3
- PTAB / AIA Trials › Discretionary denial › §325(d) same art / argumentsDecided for patent owner
“Finally, I do not agree with Petitioner’s assertion that the Office committed a material error during prosecution. While demonstrating error is usually one of the strongest considerations weighing against discretionary denial, here Petitioner’s material error argument is weak. Petitioner points to the notice of allowance, and focuses on a single phrase that appears in a rather long listing of limitations the examiner indicated were missing from the prior art. DD Opp. 2–3. According to Petitioner, the phrase “first, direct, short range separate local wireless link” never existed in the claims. Id. at 4. However, Petitioner acknowledges that the phrase “via a separate local wireless link” was part of the claims, as was the phrase “first, direct, short range” local wireless link. Id. Although the ultimate listing in the notice of allowance may constitute a clerical error, Petitioner has not demonstrated sufficiently that this error was material to the patentability of the challenged claims, especially considering the number of other limitations listed in the notice of allowance that the examiner determined to be missing from the reviewed prior art. Petitioner does not address those limitations in its error arguments. Id. at 3–6.” slip op. at 3
Discretionary denialPatents in suitUS 8,116,749 - 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 - 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 - Ipr2026-00015Institution deniedPTAB · Feb 3, 2026 · IPR2026-00015 · APJ John A Squires · IPR · Director review
The Director denied institution of IPR2026-00015 after review of discretionary considerations.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denialInstitution denied discretionary otherDenied
“NOTICE Pursuant to 35 U.S.C. § 314(a) and § 324(a), after review of discretionary considerations, institution of inter partes review or post-grant review is denied in the following proceedings: IPR2025-01510 IPR2026-00016 IPR2026-00035 IPR2025-01563 IPR2026-00019 IPR2026-00040 IPR2025-01596 IPR2026-00022 IPR2026-00041 IPR2025-01605 IPR2026-00023 IPR2026-00042 IPR2026-00008 IPR2026-00024 IPR2026-00043 IPR2026-00014 IPR2026-00031 PGR2025-00080 IPR2026-00015 IPR2026-00032” slip op. at 1
Discretionary denialPatents in suitUS 11,138,997 - Pgr2025-00064Institution deniedPTAB · Dec 1, 2025 · PGR2025-00064 · APJ John A Squires · PGR · Director review
The Director discretionarily denied institution of PGR2025-00064 after reviewing discretionary considerations.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denialDenied
“NOTICE Pursuant to 35 U.S.C. § 314(a) and § 324(a), after review of discretionary considerations, institution of inter partes review or post-grant review is denied in the following proceedings: IPR2025-01095* IPR2025-01213 IPR2025-01361 IPR2025-01100* IPR2025-01249 PGR2025-00063 IPR2025-01120* IPR2025-01344 PGR2025-00064 * Although previously referred, this case is now discretionarily denied in view of Revvo Technologies, Inc. v. Cerebrum Sensor Technologies, Inc., IPR2025-00632, Paper 20 (Squires Nov. 3, 2025) (precedential).” slip op. at 1
Discretionary denialPatents in suitUS 12,193,790 - Intel Corp. / Dell Inc. et al. v. General Video, LLCInstitution deniedPTAB · Oct 17, 2025 · IPR2025-01036 · IPR · Director review
The Director granted Patent Owner’s discretionary-denial request and denied the petitions under § 314(a), so no inter partes review was instituted.
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsDenied
“particular, the challenged patents have been in force for approximately seven, ten, and seventeen years, creating strong settled expectations for Patent Owner, and Petitioner does not provide any 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); Intel Corp. v. Proxense LLC, IPR2025-00327, Paper 12, 2–3 (Director June 26, 2025). Additionally, Dell appears to have been notified of the challenged patents in 2016, 2017, and 2021. See, e.g., DD Req. 46–47; DD Reply 1–3. Accordingly, in the absence of sufficient explanation by Petitioner, Patent Owner’s strong settled expectations tip the balance in favor of 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 Petitions are denied under 35 U.S.C. § 314(a).” slip op. at 3
Discretionary denialPatents in suitUS 9,036,010 - Cisco Systems, Inc. v. Quicker Connections LLCInstitution deniedPTAB · Oct 17, 2025 · IPR2025-01088 · 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 projected final written decision and settled expectations.
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 25, 2026. DD Req. 32. The district court’s scheduled trial date is October 19, 2026, and the time-to-trial statistics suggest trial will begin in November 2026. Id. at 32–33; Ex. 2032. 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. Additionally, the challenged patent has been in force for more than seventeen years, creating strong settled expectations for Patent Owner. DD Req. 4.” slip op. at 2
- Settled expectationsInstitution denied settled expectationsDenied
“proceeding is December 25, 2026. DD Req. 32. The district court’s scheduled trial date is October 19, 2026, and the time-to-trial statistics suggest trial will begin in November 2026. Id. at 32–33; Ex. 2032. 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. Additionally, the challenged patent has been in force for more than seventeen years, creating strong settled expectations for Patent Owner. DD Req. 4.” 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 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; FURTHER ORDERED that the Petition is denied, and no trial is instituted.” slip op. at 3
Discretionary denialPatents in suitUS 7,061,859 - Nissan Motor Co., Ltd. v. Longhorn Automotive Group LLCInstitution deniedPTAB · Oct 17, 2025 · IPR2025-01089 · APJ Coke Morgan Stewart · IPR · Director review
The Director granted Patent Owner’s request for discretionary denial and denied institution of IPR on the challenged patent under § 314(a).
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 28, 2026. DD Req. 6. The district court’s scheduled trial date in the earliest parallel proceeding is June 1, 2026, and the time-to-trial statistics suggest trial will begin in September 2026. Ex. 1023. 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. Additionally, there is insufficient evidence that the district court is likely to stay its proceeding even if the Board were to institute trial. Further, there has been meaningful investment in the district court proceeding. DD Req. 9–10. For example, Patent Owner has provided two sets of infringement contentions, and a Markman hearing is scheduled to occur before the due date for an institution decision. Id.” slip op. at 2
- Settled expectationsInstitution denied settled expectationsDenied
“Furthermore, the challenged patent has been in force for sixteen years 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 ApS, IPR2025-00408, Paper 21 at 2–3 (Director June 18, 2025).” 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 Petitions is denied, and no trial is instituted.” slip op. at 3
Discretionary denialPatents in suitUS 7,513,238 - Google LLC v. Cellular South, Inc.Institution deniedPTAB · Oct 17, 2025 · IPR2025-00876 · APJ Kalyan K Deshpande · IPR · Director review
The Director denied institution in IPR2025-00876 under § 314(a), finding settled expectations and insufficient justification for using Board resources.
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsDenied
“The patents challenged in IPR2025-00875 and IPR2025-00876 present different circumstances. In particular, these challenged patents have been in force for seven and six years, respectively, 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,” slip op. at 2
Discretionary denialPatents in suitUS 10,218,954
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.