• MPL Brands NV, Inc. v. Buzzballz, LLCInstitution denied
  PTAB · Dec 18, 2024 · IPR2024-01000 · APJ Cynthia M Hardman · IPR · Institution

  The Board denied institution because the IPR petition was premature while the patent remained within its nine-month post-grant review window and the parallel PGR was instituted.

  RulingsInstitution decision

  • PTAB / AIA Trials › §315(b) time barInstitution denied time barDenied

    “For AIA patents like the ’441 patent, a petition for inter partes review “shall be filed after the later of either (1) the date that is 9 months after the grant of a patent; or (2) if a post-grant review is instituted . . . , the date of the termination of such post-grant review.” 35 U.S.C. § 311(c); see also 37 C.F.R. § 42.102(a). Here, the ’441 patent issued on March 19, 2024 (see Ex. 1001, code (45)), and PGR2024-00035 is instituted. Petitioner filed the instant Petition on June 7, 2024. As such, the instant Petition is premature because it was filed within nine months of the grant of the ’441 patent and before termination of PGR2024-00035. For this reason, we deny institution of this inter partes review.” slip op. at 3

  • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied

    “For AIA patents like the ’441 patent, a petition for inter partes review “shall be filed after the later of either (1) the date that is 9 months after the grant of a patent; or (2) if a post-grant review is instituted . . . , the date of the termination of such post-grant review.” 35 U.S.C. § 311(c); see also 37 C.F.R. § 42.102(a). Here, the ’441 patent issued on March 19, 2024 (see Ex. 1001, code (45)), and PGR2024-00035 is instituted. Petitioner filed the instant Petition on June 7, 2024. As such, the instant Petition is premature because it was filed within nine months of the grant of the ’441 patent and before termination of PGR2024-00035. For this reason, we deny institution of this inter partes review.” slip op. at 3

  Discretionary denial
  Patents in suitUS 11,932,441
• Microsoft Corporation v. Litl, LLCInstitution denied
  PTAB · Nov 29, 2021 · IPR2021-01011 · APJ Garth D Baer · IPR · Institution

  The Board denied institution because Patent Owner disclaimed all challenged claims 1–36, and the Board’s rules bar institution on disclaimed claims.

  RulingsInstitution decision

  • Adverse judgmentAdverse judgmentDenied

    “November 22, 2021, after Petitioner filed its Petition, Patent Owner filed a statutory disclaimer, disclaiming claims 1–36 of the ’957 patent. Ex. 2008. Under our rules, “[n]o inter partes review will be instituted based on disclaimed claims.” 37 C.F.R. § 42.107(e); see Gen. Elec. Co. v. United Techs. Corp., IPR2017-00491, Paper 9 (PTAB July 6, 2017) (explaining how Rule 42.107(e) operates in the case of a pre-institution disclaimer of all claims) (precedential). Because we cannot institute trial on disclaimed claims and Patent Owner has disclaimed all of the challenged claims, we do not institute an inter partes review of claims 1–36. III. ORDER Accordingly, it is: ORDERED that the Petition is denied as to the challenged claims of the ʼ957 patent; and FURTHER ORDERED that no inter partes review is instituted.” slip op. at 2

  Discretionary denial
  Patents in suitUS 8,577,957

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.