- Ipr2026-00371Institution deniedPTAB · 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 denialPatents in suitUS 12,143,425 - 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 - Samsung Electronics Co., Ltd. / Samsung Electronics America, Inc. et al. v. Omni Medsci, Inc.Institution deniedPTAB · May 14, 2026 · IPR2025-01253 · APJ John A Squires · IPR · Director review
The Director vacated institution and denied the IPR petition because the patent was determined eligible for PGR and therefore not eligible for IPR.
RulingsDirector review decision- Director reviewDirector review, grantedDecided for patent owner
“Given my determination in PGR2026-00003 as to the ’790 patent’s PGR eligibility, and because a patent cannot be both PGR eligible and IPR eligible at the same time, it is appropriate to vacate institution of this IPR. See, e.g., Philip Morris Prods., S.A. v. RAI Strategic Holdings, Inc., IPR2020-01188, Paper 12 at 10–12 (PTAB Jan. 13, 2021); Paper 6, 3 n.2 (Samsung acknowledging that the ’790 patent is not eligible for simultaneous IPR and PGR). Accordingly, it is: ORDERED that the Notice granting institution of inter partes review (Paper 19) is vacated; and FURTHER ORDERED that the Petition is denied, and no trial is instituted.” slip op. at 3
Discretionary denialPatents in suitUS 12,193,790 - 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 - 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 - Samsung Electronics Co., Ltd. / Samsung Electronics America, Inc. et al. v. W&Wsens Devices Inc.Institution deniedPTAB · 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 denialPatents in suitUS 10,446,700 - 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 - Samsung Electronics Co., Ltd. / Samsung Electronics America, Inc. et al. v. W&Wsens Devices Inc.Institution deniedPTAB · 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 denialPatents in suitUS 10,468,543 - MSN Pharmaceuticals, Inc. / MSN Laboratories Private Limited v. Breckenridge Pharmaceutical, Inc.Institution deniedPTAB · 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 denialPatents in suitUS 11,013,729 - Ascentcare Dental Products, Inc. v. Solmetex, LLCInstitution deniedPTAB · Oct 17, 2025 · PGR2025-00058 · APJ Coke Morgan Stewart · PGR · Director review
The Director granted Patent Owner’s discretionary-denial requests and denied the Petitions under §§ 314(a) and 325(d), declining to institute trial based on the prior presentation of the art and lack of material error.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › §325(d) same art / argumentsInstitution denied 325dInstitution denied
“particular, Patent Owner persuasively demonstrates that Petitioner relies on references that were considered by the patent examiner during prosecution of the challenged patents or cited by the Patent Owner during prosecution. DD Req. 4–6. Petitioner does not address Patent Owner’s arguments that the same prior art was previously presented to the Office. 35 U.S.C. § 325(d). Nor has Petitioner persuasively demonstrated that the Office erred in evaluating this art. Advanced Bionics, LLC v. MED-EL 1 Citations are to papers in IPR2025-01065. The parties filed similar papers in PGR2025-00058. Elektromedizinische Geräte GmbH, IPR2019-01469, Paper 6 at 8 (PTAB Feb. 13, 2020) (precedential). Rather, Petitioner merely disagrees with the Examiner’s treatment of the art without showing material error. DD Opp. 6– 10. “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.” See Advanced Bionics, Paper 6 at 9. Petitioner’s assertion is insufficient to demonstrate material error by the Office. Under these circumstances, discretionary denial is appropriate.” 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) and 325(d). 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 denialPatents in suitUS 12,167,948
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.