• Google LLC v. Advanced Coding Technologies LLCInstitution denied
  PTAB · 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 denial
  Patents in suitUS 8,090,025
• Astera Manufacturing Ltd. / Chauvet & Sons, LLC v. Electraled Inc.Institution denied
  PTAB · Oct 10, 2025 · IPR2025-01022 · APJ Coke Morgan Stewart · IPR · Director review

  The Director granted Patent Owner’s discretionary-denial request and denied institution under § 314(a), citing the patent’s fifteen years in force and insufficient justification for IPR.

  RulingsDirector review decision

  • Settled expectationsInstitution denied settled expectationsDenied

    “Other considerations, however, favor discretionary denial. In particular, the challenged patent has been in force for fifteen 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). Under these circumstances, the considerations that favor discretionary denial outweigh those that counsel against it. 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

    “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). 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 2

  Discretionary denial
  Patents in suitUS 7,651,245
• Treasure Garden, Inc. v. Atleisure, LLCInstitution denied
  PTAB · Oct 3, 2025 · IPR2025-01006 · APJ Coke Morgan Stewart · IPR · Director review

  The Director denied institution under § 314(a), granting Patent Owner’s discretionary-denial requests based on a holistic assessment that included settled expectations and prior challenges.

  RulingsDirector review decision

  • Settled expectationsInstitution denied settled expectationsDenied

    “Other considerations, however, favor discretionary denial. In particular, the challenged patent has been in force for over thirteen years, creating strong settled expectations for Patent Owner. In addition, Patent Owner presents evidence that the challenged patent is known in the industry, as Patent Owner has sold “hundreds of thousands of patented umbrellas,” and has also licensed the challenged patent “nearly thirty times to industry participants.” DD Req. 14; Ex. 2002. Patent Owner has also asserted the challenged patent in four prior district court lawsuits. DD Req. 14–15. Further, the challenged patent was the subject of a previous inter partes review, and the Board denied institution after determining that the petition did not present a reasonable likelihood that a challenged claim was” slip op. at 2

  • PTAB / AIA Trials › Discretionary denial › §325(d) same art / argumentsInstitution denied 325dDenied

    “particular, the challenged patent has been in force for over thirteen years, creating strong settled expectations for Patent Owner. In addition, Patent Owner presents evidence that the challenged patent is known in the industry, as Patent Owner has sold “hundreds of thousands of patented umbrellas,” and has also licensed the challenged patent “nearly thirty times to industry participants.” DD Req. 14; Ex. 2002. Patent Owner has also asserted the challenged patent in four prior district court lawsuits. DD Req. 14–15. Further, the challenged patent was the subject of a previous inter partes review, and the Board denied institution after determining that the petition did not present a reasonable likelihood that a challenged claim was 1 Citations are to papers in IPR2025-01005. The parties filed similar papers in IPR2025-01006. 00430, Paper 7 (PTAB July 12, 2021) (decision denying institution). In these proceedings, Petitioner relies on some of the same art raised in the earlier proceeding which the Board denied on the merits. DD Req. 9. Even absent road mapping, prior challenges weigh against institution.” slip op. at 2

  • Other 314aInstitution denied discretionary otherDenied

    “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. Some considerations counsel against discretionary denial. For example, there is no trial date set for the parallel district court proceeding involving Petitioner and Patent Owner. DD Opp. 2. There is also a pending motion to stay the district court proceeding, and Petitioner provides evidence that the district court is likely to grant the motion should these Board proceedings be instituted. Id. at 8–9.” slip op. at 2

  Discretionary denial
  Patents in suitUS 8,104,492
• Treasure Garden, Inc. v. Atleisure, LLCInstitution denied
  PTAB · Oct 3, 2025 · IPR2025-01005 · APJ Coke Morgan Stewart · IPR · Director review

  The Director granted Patent Owner’s discretionary-denial requests and denied institution of IPR on the challenged patent under § 314(a), based on a holistic assessment.

  RulingsDirector review decision

  • Settled expectationsDenied

    “particular, the challenged patent has been in force for over thirteen years, creating strong settled expectations for Patent Owner. In addition, Patent Owner presents evidence that the challenged patent is known in the industry, as Patent Owner has sold “hundreds of thousands of patented umbrellas,” and has also licensed the challenged patent “nearly thirty times to industry participants.” DD Req. 14; Ex. 2002. Patent Owner has also asserted the challenged patent in four prior district court lawsuits. DD Req. 14–15. Further, the challenged patent was the subject of a previous inter partes review, and the Board denied institution after determining that the petition did not present a reasonable likelihood that a challenged claim was” slip op. at 2

  • 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

  Discretionary denial
  Patents in suitUS 8,104,492
• Hisense USA Corporation v. Phenix Longhorn LLCInstitution denied
  PTAB · 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 denial
  Patents in suitUS 7,557,788
• Apple Inc. v. Advanced Coding Technologies LLCInstitution denied
  PTAB · Oct 3, 2025 · IPR2025-00991 · 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 based on a holistic assessment.

  RulingsDirector review decision

  • Settled expectationsInstitution denied settled expectationsInstitution denied

    “Other considerations, however, favor discretionary denial. For example, the challenged patents have been in force for seven, six, and thirteen 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 1 Citations are to papers in IPR2025-00983. The parties filed similar papers in IPR2025-00984 and IPR2025-00991. 2 Patent Owner filed a complaint in the District Court for the Eastern District of Texas. On September 29, 2025, the court granted Petitioner’s motion to transfer the case to Northern District of Texas. Patent Owner subsequently filed a motion to dismiss the case without prejudice in the Northern District of Texas, and filed a new complaint in the District Court for the Western District of Texas. See Ex. 3101. 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.” 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). 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

  • 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 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

  Discretionary denial
  Patents in suitUS 8,090,025
• Apple Inc. v. Advanced Coding Technologies LLCInstitution denied
  PTAB · Oct 3, 2025 · IPR2025-00983 · APJ Coke Morgan Stewart · IPR · Director review

  The Director denied institution of IPR on the challenged patent, finding discretionary denial appropriate based on a holistic assessment of the evidence and arguments.

  RulingsDirector review decision

  • Settled expectationsDenied

    “Other considerations, however, favor discretionary denial. For example, the challenged patents have been in force for seven, six, and thirteen 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” slip op. at 2

  • Other 314aInstitution denied discretionary otherDenied

    “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

  Discretionary denial
  Patents in suitUS 9,986,303
• Maplebear Inc. D/B/A Instacart v. Fall Line Patents, LLCInstitution denied
  PTAB · 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 denial
  Patents in suitUS 9,454,748
• Tesla, Inc. v. Granite Vehicle Ventures LLCInstitution denied
  PTAB · Sep 26, 2025 · IPR2025-00943 · APJ Coke Morgan Stewart · IPR · Director review

  The Director denied institution of Tesla’s petitions under § 314(a), finding the district court trial likely to precede the Board’s final written decision and create duplication and risk of inconsistent decisions.

  RulingsDirector review decision

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

    “In particular, the projected final written decision due date in the Board proceedings is in December 2026. DD Req. 8. The district court’s scheduled trial date is August 3, 2026, and time-to-trial statistics suggest trial would begin in October or November 2026. Id. at 6, 16; DD Opp. 15; Reply 3. Additionally, there is insufficient evidence that the district court is likely to stay its proceeding even if the Board were to institute trial. Therefore, 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 for the parties, and a risk of inconsistent decisions. Even though the challenged patents have not been in force for a significant period of time (issued in 2023), this fact alone does not tip the balance against discretionary denial. Although certain arguments are highlighted above, the determination to exercise discretion to deny institution is based on a holistic assessment of 2 Citations are to papers in IPR2025-00943. The parties filed similar papers in IPR2025-00944. all of the evidence and arguments presented. Accordingly, the Petitions are denied under 35 U.S.C. § 314(a).” slip op. at 2

  Discretionary denial
  Patents in suitUS 11,597,402
• Samsung Electronics Co., Ltd. v. Headwater Research LLCInstitution denied
  PTAB · Sep 26, 2025 · IPR2025-00963 · APJ Kalyan K Deshpande · IPR · Director review

  The Director granted Patent Owner’s discretionary-denial request and denied institution of the IPR under § 314(a), citing parallel litigation and 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 dates in the Board proceedings are in November and December 2026. DD Req. 13. The district court’s scheduled trial date is May 4, 2026, and the time-to-trial statistics suggest trial will begin in September 2026. DD Opp. 50. Additionally, there is insufficient evidence that the district court is likely to stay its proceeding even if the Board were to institute trial. Therefore, 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 parties, and a risk of inconsistent decisions.” slip op. at 2

  • Settled expectationsInstitution denied settled expectationsInstitution denied

    “In addition, the challenged patents have been in force for approximately seven 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

  • 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” slip op. at 2

  Discretionary denial
  Patents in suitUS 10,028,144

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.