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  • Ipr2025-01604Institution denied
    PTAB · 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 denial
    Patents in suitUS 10,728,436
  • PTAB · 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 denial
    Patents in suitUS 7,061,859
  • PTAB · 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 denial
    Patents in suitUS 7,513,238
  • PTAB · Oct 17, 2025 · IPR2025-01107 · IPR · Director review

    The Director granted Patent Owner’s request for discretionary denial, denied the Petition, and instituted no trial under § 314(a) because parallel litigation was likely to reach trial first.

    RulingsDirector review decision
    • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivInstitution denied

      “parallel proceeding in the District of Delaware. DD Req. 10. The projected final written decision due date in the Board proceeding is December 25, 2026. Id. The district court’s scheduled trial date is October 6, 2026. Id. As such, it is unlikely that a final written decision in this proceeding will issue before district court trial occurs. Although Petitioner is not a party to the parallel district court proceeding, the same general invalidity arguments that are presented in the Petition are also presented in the district court proceeding. DD Req. 14–17; Paper 1, 6, 34–37, 51–54; Ex. 2005, 27–31. As a result, the validity of the challenged patent is already being adjudicated in another forum that will issue an earlier decision, and the issues presented in the Petition are similar to those about to be litigated, raising concerns of inconsistent outcomes and duplication of efforts. Petitioner does not provide persuasive reasoning why an inter partes review is an appropriate use of Board resources under these circumstances. See 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

      “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 denial
    Patents in suitUS 11,013,729
  • PTAB · Oct 10, 2025 · IPR2025-00975 · APJ Kalyan K Deshpande · IPR · Director review

    The Director granted Patent Owner’s discretionary-denial request and denied the petitions under § 314(a), citing likely district-court trial before the final written decision and other considerations.

    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

    • 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

    • 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 Petitions are denied under 35 U.S.C. § 314(a).” slip op. at 3

    Discretionary denial
    Patents in suitUS 9,832,708
  • PTAB · Oct 10, 2025 · IPR2025-00974 · APJ Kalyan K Deshpande · IPR · Director review

    The Director granted Patent Owner’s request for discretionary denial and denied the Petitions without instituting trial under § 314(a), citing likely district court trial and insufficient examiner-error arguments.

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

      “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

    • 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). 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

    • 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 denial
    Patents in suitUS 10,674,432
  • PTAB · 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 denial
    Patents in suitUS 9,462,411
  • PTAB · Oct 10, 2025 · IPR2025-00972 · APJ Kalyan K Deshpande · IPR · Director review

    The Director granted Patent Owner’s request for discretionary denial 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

      “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

    • 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 10,219,199
  • PTAB · Oct 10, 2025 · IPR2025-00957 · APJ Kalyan K Deshpande · 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
    • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Denied

      “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

    • 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). 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 denial
    Patents in suitUS 11,937,172
  • PTAB · Oct 10, 2025 · IPR2025-01093 · APJ Coke Morgan Stewart · IPR · Director review

    The Director granted Patent Owner’s discretionary-denial request and denied the petitions under § 314(a), citing trial timing, duplication, and Patent Owner’s settled expectations.

    RulingsDirector review decision
    • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)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 expectationsDenied

      “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 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). 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 denial
    Patents in suitUS 8,587,076
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