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  • Ipr2026-00371Institution denied
    PTAB · Sep 23, 2026 · IPR2026-00371 · APJ John A Squires · IPR · Director review

    The Director denied institution in IPR2026-00371 after reviewing discretionary and non-merits considerations.

    RulingsDirector review decision
    • PTAB / AIA Trials › Discretionary denialInstitution denied discretionary otherInstitution denied

      “NOTICE Pursuant to 35 U.S.C. § 314(a), after review of discretionary and non- merits considerations, institution of inter partes review is denied in the following proceeding: IPR2026-00351 IPR2026-00362 IPR2026-00371 Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of” slip op. at 1

    Discretionary denial
    Patents in suitUS 12,143,425
  • PTAB · Oct 17, 2025 · IPR2025-00996 · APJ Kalyan K Deshpande · IPR · Director review

    The Director denied institution of the IPR petitions under § 314(a), citing likely district court trial before the final written decision and Patent Owner’s 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 the Board proceedings is December 24, 2026. DD Req. 12. The district court trial is scheduled to begin August 3, 2026, and time-to-trial statistics suggest trial could begin between August 2026 and early December 2026. Id. at 12–13; DD Opp. 15. 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 parties, and a risk of inconsistent decisions. This favors discretionary denial.” slip op. at 2

    • Settled expectationsInstitution denied settled expectationsInstitution denied

      “Additionally, the challenged patents have been in force for approximately six years, creating settled expectations for Patent Owner. Further, Patent Owner provides evidence demonstrating Petitioner was aware of the challenged patents as early as 2020. Ex. 2001; Ex. 2002; Ex. 2003; Ex. 2004. This further favors discretionary denial.” slip op. at 2

    Discretionary denial
    Patents in suitUS 10,446,700
  • PTAB · Oct 17, 2025 · IPR2025-00995 · APJ Kalyan K Deshpande · IPR · Director review

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

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

      “In particular, the projected final written decision due date in the Board proceedings is December 24, 2026. DD Req. 12. The district court trial is scheduled to begin August 3, 2026, and time-to-trial statistics suggest trial could begin between August 2026 and early December 2026. Id. at 12–13; DD Opp. 15. 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 parties, and a risk of inconsistent decisions. This favors discretionary denial.” slip op. at 2

    • Settled expectationsInstitution denied

      “Additionally, the challenged patents have been in force for approximately six years, creating settled expectations for Patent Owner. Further, Patent Owner provides evidence demonstrating Petitioner was aware of the challenged patents as early as 2020. Ex. 2001; Ex. 2002; Ex. 2003; Ex. 2004. This further favors discretionary denial.” slip op. at 2

    • Director reviewDirector review, deniedInstitution 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

    Discretionary denial
    Patents in suitUS 10,468,543
  • 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 · IPR2025-00978 · 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

      “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 otherInstitution denied

      “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 12,028,793
  • PTAB · Oct 10, 2025 · IPR2025-00977 · APJ Kalyan K Deshpande · 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

      “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 otherInstitution denied

      “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. 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

    Discretionary denial
    Patents in suitUS 11,770,756
  • PTAB · Oct 10, 2025 · IPR2025-00976 · 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 based on the holistic assessment of the record.

    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 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 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 denial
    Patents in suitUS 11,924,743
  • PTAB · Oct 10, 2025 · IPR2025-01090 · 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 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” slip op. at 2

    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied fintivInstitution denied settled expectationsInstitution 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; and FURTHER ORDERED that the Petitions are denied, and no trial is instituted.” slip op. at 3

    Discretionary denial
    Patents in suitUS 8,907,425
  • PTAB · Oct 10, 2025 · IPR2025-00871 · APJ Kalyan K Deshpande · IPR · Director review

    The Director denied institution under § 314(a), finding parallel district court proceedings made discretionary denial appropriate.

    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 10, 2026. DD Req. 19. The district court’s scheduled trial date is July 6, 2026, and the parties offer different time-to-trial statistics that suggest trial will begin between June 2026 and December 2026. DD Req. 19–20; DD Opp. 20. 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. Although the time-to-trial statistics suggest that it is possible that a trial might occur before the projected final written decision due date, the difference in timing is not significant. Thus, even though a district court trial date that occurs after a projected final written decision date reduces the possibility of conflicting decisions, that benefit does not outweigh the efficiencies gained by avoiding parallel proceedings under these circumstances. Additionally, there are six patents at issue in the parallel district court proceeding, the two patents challenged in these proceedings and four patents 2 Citations are to papers in IPR2025-00870. The parties filed similar papers in IPR2025-00871. challenged in other petitions filed by Petitioner, in which institution was denied. See IPR2025-00866, Paper 13; IPR2025-00867, Paper 13; IPR2025- 00868, Paper 13; IPR2025-00869, Paper 13. In view of this, Patent Owner persuasively argues that addressing all of the challenged patents in the district court proceeding would be “the fastest and most efficient resolution of the Parties’ many disputes.” DD Req. 17. 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 2

    • Director reviewDirector review, deniedDenied

      “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 10,510,341
  • PTAB · 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 denial
    Patents in suitUS 8,796,779
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