- Samsung Electronics Co., Ltd. v. Telcom Ventures LLCInstitution deniedPTAB · Oct 10, 2025 · IPR2025-00973 · APJ Kalyan K Deshpande · IPR · Director review
The Director granted Patent Owner’s discretionary-denial request and denied the petitions under § 314(a), instituting no trial because the district court case was likely to reach trial first.
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 10, 2026.3 DD Req. 13. The district court’s scheduled trial date is June 1, 2026, and the time-to-trial statistics suggest trial will begin by October 2026. Id.; DD. Opp. 17. 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, Petitioner’s argument that the patent examiner committed “multiple errors” during prosecution are not persuasive. See DD Opp. 7–12.” slip op. at 2
- Director reviewOther
“After considering the parties’ arguments and the record, and in view 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 denialPatents in suitUS 9,462,411 - Taiwan Semiconductor Manufacturing Company Ltd. / Apple Inc. v. Marlin Semiconductor Ltd.Institution deniedPTAB · Sep 3, 2025 · IPR2025-00848 · APJ Coke Morgan Stewart · IPR · Director review
The Director denied institution in IPR2025-00848, IPR2025-00864, IPR2025-00865, and IPR2025-00879 under § 314(a), citing ITC overlap 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 for each of these cases is November 15, 2026. The hearing in the parallel U.S. International Trade Commission (“ITC”) investigation is set for February 2, 2026. DD Req. 14. As such, it is unlikely that a final written decision in these proceedings will issue before the ITC trial occurs, resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions. In addition, the patents challenged in IPR2025- 00848, IPR2025-00864, IPR2025-00865, and IPR2025-00879 have been in force for seven, nine, nine, and ten 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 ApS, IPR2025- 1 Citations are to papers in IPR2025-00847. The parties filed similar papers in IPR2025-00848, IPR2025-00864, IPR2025-00865, and IPR2025-00879. 00408, Paper 21 at 2–3 (Director June 18, 2025). These factors favor discretionary denial.” slip op. at 2
- Settled expectationsInstitution denied settled expectationsDenied
“these cases is November 15, 2026. The hearing in the parallel U.S. International Trade Commission (“ITC”) investigation is set for February 2, 2026. DD Req. 14. As such, it is unlikely that a final written decision in these proceedings will issue before the ITC trial occurs, resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions. In addition, the patents challenged in IPR2025- 00848, IPR2025-00864, IPR2025-00865, and IPR2025-00879 have been in force for seven, nine, nine, and ten 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 ApS, IPR2025- 1 Citations are to papers in IPR2025-00847. The parties filed similar papers in IPR2025-00848, IPR2025-00864, IPR2025-00865, and IPR2025-00879. 00408, Paper 21 at 2–3 (Director June 18, 2025). These factors favor discretionary denial.” slip op. at 2
- Other 314aInstitution denied discretionary otherDenied
“Petitioner argues that national security, economic, and public interest considerations counsel against discretionary denial because “[t]he semiconductor chips manufactured by TSMC are vital to leading U.S. companies (from Apple and NVIDIA to Amazon and Tesla) . . . and national security and defense through TSMC’s CyberShuttle program.” DD Opp. 31. Petitioner, however, does not explain in sufficient detail why review of the challenged patents is in the interest of national security, the economy, or the public. That is, Petitioner’s arguments are not narrowly-tailored towards particular products or manufacturing methods, and Petitioner does not sufficiently explain how national security, economic, or public interests warrant review of the specific patents challenged in these proceedings.” slip op. at 3
- PTAB / AIA Trials › Discretionary denial › §325(d) same art / argumentsDenied
“circumstances. In particular, Petitioner provides persuasive reasoning, supported by evidence, that the Office erred in a manner material to the patentability of the challenged patent during patent examination, and, accordingly, discretionary denial under 35 U.S.C. § 325(d) is not appropriate. Specifically, during prosecution of the challenged patent, the patent examiner applied Chien7702 to reject the claims, but subsequently allowed the claims after the applicant amended them. DD Opp. 5–6. Petitioner persuasively demonstrates that the patent examiner overlooked 2 US Pat. 6,815,770, Nov. 9, 2004 (Ex. 1037). certain teachings in Chien770 that appear to disclose the claimed features that the patent examiner indicated were not taught by the prior art of record, including Chien770. Id. at 7–10. Although the challenged patent has been in force for fifteen years, Petitioner appears to show a material error by the Office, and it is an appropriate use of Office resources to review the potential error.” slip op. at 3
Discretionary denialPatents in suitUS 9,953,880 - Rec Solar Holdings As v. Maxeon Solar Pte. Ltd.Institution deniedPTAB · 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 denialPatents in suitUS 8,222,516 - Samsung Electronics Co., Ltd. / Samsung Electronics America, Inc. v. Cerence Operating CompanyInstitution deniedPTAB · Aug 4, 2025 · IPR2025-00457 · APJ Kalyan K Deshpande · IPR · Director review
The Director granted Patent Owner’s discretionary-denial request and denied institution under § 314(a) because the district court trial is scheduled before the projected final written decision.
RulingsDirector review decision- Director reviewDirector review, deniedOther
“After considering the parties’ arguments and the record, and in view of all relevant considerations, discretionary denial of institution is appropriate in this proceeding. This determination is based on the totality of the evidence and arguments the parties have presented. In particular, the projected final written decision due date in the Board proceeding is October 8, 2026. The district court’s scheduled trial date is April 20, 2026. DD Req. 6. 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 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. DD Opp. 1–2. These considerations 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
- 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 October 8, 2026. The district court’s scheduled trial date is April 20, 2026. DD Req. 6. 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 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. DD Opp. 1–2. These considerations 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
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied
“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 7,680,334 - Boe Technology Group Co., Ltd. v. Optronic Sciences LLCInstitution deniedPTAB · Jul 29, 2025 · IPR2025-00239 · 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 schedule and Patent Owner’s settled expectations.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Granted
“particular, the projected final written decision due date for each of these cases is in October 2026. DD Req. 5. The district court’s scheduled trial date is May 4, 2026, and the time-to-trial statistics suggest that the trial would begin in July 2026. Id. 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 expenses for the parties, and a risk of inconsistent decisions. Further, the challenged patents 1 Citations are to papers in IPR2025-00238. The parties filed similar papers in IPR2025-00239. have been in force for approximately twelve years, creating strong settled expectations for Patent Owner. These considerations favor discretionary denial, and outweigh the considerations that counsel against it.” slip op. at 2
- Settled expectationsGranted
“Petitioner argues it has settled expectations that the challenged patents would not be asserted against it because the challenged patents are directed to technology that is fundamentally different from what Petitioner uses in its products. DD Opp. 9–13. Therefore, Petitioner contends it had no reason to challenge the claims of the patents in these proceedings until Patent Owner asserted the challenged patents in district court. Id. at 12.” 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 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; and FURTHER ORDERED that the Petitions are denied, and no trial is instituted.” slip op. at 3
Discretionary denialPatents in suitUS 8,502,757 - SAP America, Inc. v. Valtrus Innovations Ltd.Institution deniedPTAB · Jul 10, 2025 · IPR2025-00417 · APJ Coke Morgan Stewart · IPR · Director review
The Director granted Patent Owner’s discretionary-denial request and denied the petitions under § 314(a), declining to institute review.
RulingsDirector review decision- Settled expectationsGranted
“proceedings has been dismissed from the parallel district court proceeding with prejudice. See, e.g., IPR2025-00415, Paper 8, 2–3. As Patent Owner asserts, it is an inefficient use of Board resources to review these challenged patents that have been dismissed from the litigation. See id. In addition, the challenged patents in IPR2025-00415, IPR2025-00417, and IPR2025-00418 have been in force for approximately 20 years, creating strong settled expectations, 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). These circumstances tip the balance in favor of discretionary denial.” slip op. at 3
- Other 314aInstitution denied discretionary otherInstitution denied
“proceedings has been dismissed from the parallel district court proceeding with prejudice. See, e.g., IPR2025-00415, Paper 8, 2–3. As Patent Owner asserts, it is an inefficient use of Board resources to review these challenged patents that have been dismissed from the litigation. See id. In addition, the challenged patents in IPR2025-00415, IPR2025-00417, and IPR2025-00418 have been in force for approximately 20 years, creating strong settled expectations, 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). These circumstances 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 6,823,409 - Phison Electronics Corporation v. Vervain, LLCInstitution deniedPTAB · Jul 10, 2025 · IPR2025-00214 · APJ Coke Morgan Stewart · IPR · Director review
The Director granted Patent Owner’s discretionary-denial request and denied the petitions under § 314(a), citing the parallel district court’s earlier trial and significant investment.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)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 › Discretionary denialGranted
“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; and FURTHER ORDERED that the Petitions are denied, and no trial is instituted.” slip op. at 3
Discretionary denialPatents in suitUS 9,997,240 - Cellco Partnership D/B/A Verizon Wireless / T-Mobile USA, Inc. et al. v. Pegasus Wireless Innovation LLCInstitution deniedPTAB · Jun 26, 2025 · IPR2025-00293 · APJ Kalyan K Deshpande · IPR · Director review
The Director granted the Patent Owner’s discretionary-denial request and denied institution under § 314(a), citing the parallel district court trial schedule and investment.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Denied
“In particular, the projected final written decision due date for IPR2025-00137 is July 17, 2026, for IPR2025-00138 is July 28, 2026, for IPR2025-00292 is August 5, 2026, and for IPR2025-00293 is August 2, 2026. DD Req. 5; IPR2025-00138, Paper 12, 6; IPR2025-000292, Paper 12, 5–6; IPR2025-00293, Paper 12, 7. The district court’s scheduled trial date is September 8, 2025, and the time-to-trial statistics suggest trial will begin in November 2025. DD Req. 5–8. As such, it is unlikely that a final written decision in these proceedings will issue before district court trial occurs. Additionally, there is insufficient evidence that the district court is likely to stay its proceeding even if the Board were to institute trial, and there has been meaningful investment in the parallel proceeding by the 2 Unless indicated otherwise, citations are to papers in IPR2025-00137. The parties filed similar papers in IPR2025-00138, IPR2025-00290, IPR2025- 00291, IPR2025-00292, IPR2025-00293, and IPR2025-00317. parties. Id. at 4–5; 11–15. For example, fact discovery has closed and the parties have participated in a Markman hearing. Id. at 14–15.” slip op. at 3
- Director reviewOther
“After considering the parties’ arguments and the record, and in view 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 3
Discretionary denialPatents in suitUS 10,009,161 - Sportradar AG v. Sportscastr Inc. (D/B/A Panda Interactive)Institution deniedPTAB · 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 denialPatents in suitUS 10,805,687 - Sportradar AG v. Sportscastr Inc. (D/B/A Panda Interactive)Institution deniedPTAB · 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 denialPatents in suitUS 10,425,697
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.