- Viance, LLC v. Koppers Performance Chemicals, Inc.Institution deniedPTAB · Aug 19, 2026 · PGR2026-00023 · APJ John A Squires · PGR · Director review
The Director denied the PGR petition and instituted no trial because Petitioner failed to identify Venator as a real party in interest within the statutory filing period.
RulingsDirector review decision- PTAB / AIA Trials › Real party in interest / privityInstitution denied rpiDecided for patent owner
“However, as I previously explained, RPIs are not limited to entities that are actually funding and controlling the proceeding but include entities that have the ability to control the proceeding. See Tianma, IPR2025-01579, Paper 12 at 9–10. Petitioner argues that its two owners do not have unilateral control of Petitioner. However, unilateral control is not the standard, and control of Petitioner is vested solely in its two owners as members of the Board of Directors. See Moyes Decl. ¶ 7. Accordingly, I am not persuaded that Venator and Lanxess do not have the ability to control” slip op. at 3
- PTAB / AIA Trials › §315(b) time barDecided for patent owner
“Patent Owner further argues that Petitioner cannot correct its RPI listing because adding an RPI would require a new filing date that places the Petition outside the 9-month window for filing a PGR. DD Opp. 11–12 (citing Corning, IPR20214-00440, Paper 68 at 24). Patent Owner is correct. See Sun Pharm. Indus., Inc. v. Biofrontera, Inc., PGR2026-00021, Paper 12 at 4 (Director May 26, 2026) (denying PGR petition because Petitioner did not meet the requirement to name all RPI within the statutory timeframe for filing a PGR petition). Accordingly, this Petition is denied, and Petitioner may file an IPR petition listing the appropriate real parties in interest.3” slip op. at 4
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied rpiInstitution denied
“listing because adding an RPI would require a new filing date that places the Petition outside the 9-month window for filing a PGR. DD Opp. 11–12 (citing Corning, IPR20214-00440, Paper 68 at 24). Patent Owner is correct. See Sun Pharm. Indus., Inc. v. Biofrontera, Inc., PGR2026-00021, Paper 12 at 4 (Director May 26, 2026) (denying PGR petition because Petitioner did not meet the requirement to name all RPI within the statutory timeframe for filing a PGR petition). Accordingly, this Petition is denied, and Petitioner may file an IPR petition listing the appropriate real parties in interest.3 In consideration of the foregoing, it is: ORDERED that the Petition is denied, and no trial is instituted.” slip op. at 4
Discretionary denialPatents in suitUS 12,370,716 - Sun Pharmaceutical Industries, Inc. v. Biofrontera Inc.Institution deniedPTAB · May 26, 2026 · PGR2026-00021 · APJ John A Squires · PGR · Director review
The Director denied Sun Pharmaceutical Industries’ PGR petition because it failed to show that it had identified all real parties in interest.
RulingsDirector review decision- PTAB / AIA Trials › Real party in interest / privityInstitution denied rpiDecided for patent owner
“As I previously explained, RPIs are not limited to entities that are actually funding and controlling the proceeding, but include entities that have the ability to control the proceeding. See Tianma Microelectronics (Director Mar. 18, 2026) (precedential) (“With its identification of RPIs in dispute, it is Petitioner’s burden to bring forth evidence or arguments demonstrating that it had named all RPIs—and that none were foreign governments or entities a foreign government had the ability to control.”); see also Worlds Inc. v. Bungie, Inc., 903 F.3d 1237, 1244–45 (Fed. Cir. 2018) (remanding to the Board to further consider RPI where the patent owner identified an unnamed party with the “opportunity to control” the proceeding). Petitioner has not provided sufficient evidence that SPI Ltd., the corporate parent and 100% owner of SPI Inc., does not have the ability to control the proceeding. Rather, Petitioner’s declaration evidence is focused on whether SPI Inc. is actually funding or controlling the proceeding. See Ex. 1021 ¶ 4 (“SPI Inc. is an indirect wholly-owned subsidiary of Sun Pharmaceutical Industries, Ltd.”). On this record, Petitioner fails to carry its burden to establish that it has identified all RPIs.” slip op. at 2
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied
“(Director Mar. 18, 2026) (precedential) (“With its identification of RPIs in dispute, it is Petitioner’s burden to bring forth evidence or arguments demonstrating that it had named all RPIs—and that none were foreign governments or entities a foreign government had the ability to control.”); see also Worlds Inc. v. Bungie, Inc., 903 F.3d 1237, 1244–45 (Fed. Cir. 2018) (remanding to the Board to further consider RPI where the patent owner identified an unnamed party with the “opportunity to control” the proceeding). Petitioner has not provided sufficient evidence that SPI Ltd., the corporate parent and 100% owner of SPI Inc., does not have the ability to control the proceeding. Rather, Petitioner’s declaration evidence is focused on whether SPI Inc. is actually funding or controlling the proceeding. See Ex. 1021 ¶ 4 (“SPI Inc. is an indirect wholly-owned subsidiary of Sun Pharmaceutical Industries, Ltd.”). On this record, Petitioner fails to carry its burden to establish that it has identified all RPIs.” slip op. at 3
Discretionary denialPatents in suitUS 12,280,146 - Google LLC v. Secure Communication Technologies, LLCInstitution deniedPTAB · May 15, 2026 · IPR2026-00099 · APJ John A Squires · IPR · Director review
The Director denied Google’s petition and instituted no trial, exercising discretion based on the complete record and holistic assessment, including settled expectations.
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsDenied
“Petitioner’s arguments are not persuasive. Petitioner was aware of the challenged patent no later than February 2012, and Patent Owner specifically identified the patent as being of interest to mobile commerce providers. See Ex. 2004. Petitioner cited the challenged patent to the Office during prosecution of Petitioner’s own Application No. 13/716,675 in December 2012. See Ex. 2007. Application No. 13/716,675 is titled “Methods and Systems for Efficient Discovery of Devices in a Peer-to-Peer Network.” See Ex. 2006. Efficient discovery of devices in a peer-to-peer network appears to be relevant to both retail operations and the finding and tracking of personal electronic devices. Accordingly, Petitioner’s own actions indicate it was aware that the challenged patent was relevant to its technology space.” slip op. at 3
- PTAB / AIA Trials › Discretionary denial › §325(d) same art / argumentsDecided for patent owner
“Finally, I do not agree with Petitioner’s assertion that the Office committed a material error during prosecution. While demonstrating error is usually one of the strongest considerations weighing against discretionary denial, here Petitioner’s material error argument is weak. Petitioner points to the notice of allowance, and focuses on a single phrase that appears in a rather long listing of limitations the examiner indicated were missing from the prior art. DD Opp. 2–3. According to Petitioner, the phrase “first, direct, short range separate local wireless link” never existed in the claims. Id. at 4. However, Petitioner acknowledges that the phrase “via a separate local wireless link” was part of the claims, as was the phrase “first, direct, short range” local wireless link. Id. Although the ultimate listing in the notice of allowance may constitute a clerical error, Petitioner has not demonstrated sufficiently that this error was material to the patentability of the challenged claims, especially considering the number of other limitations listed in the notice of allowance that the examiner determined to be missing from the reviewed prior art. Petitioner does not address those limitations in its error arguments. Id. at 3–6.” slip op. at 3
Discretionary denialPatents in suitUS 8,116,749 - 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 - Tianma Microelectronics Co., Ltd. v. LG Display Co., Ltd.Institution deniedPTAB · Mar 18, 2026 · IPR2025-01579 · APJ John A Squires · IPR · Director review
The Director denied institution because Petitioner failed to establish that a foreign government was not an RPI, making Petitioner ineligible to file the IPR.
RulingsDirector review decision- PTAB / AIA Trials › Real party in interest / privityInstitution denied rpiInstitution denied
“Patent Owner’s evidence is sufficient to put into dispute whether the Petition identified all RPIs and whether there is an RPI who is not a “person” eligible to file an IPR. See Worlds Inc. v. Bungie, Inc., 903 F.3d 1237, 1244 (Fed. Cir. 2018) (“[A] patent owner must produce some evidence that tends to show that a particular third party should be named a real party in interest.”); Yangtze Memory Techs. Co. v. Micron Tech., Inc., IPR2025- 00098, Paper 38 at 7 (Director Jan. 15, 2026) (informative) (explaining that the Office’s “mandate to protect the public interest is especially compelling” where a petitioner does not identify all RPIs). Patent Owner’s evidence that Petitioner is owned by AVIC Innovation and AVIC, AVIC is owned by a foreign government, and AVIC is included on the entity list is particularly persuasive. DD Req. 7–8 (citing Exs. 2013–19).” slip op. at 9
- Other 314aInstitution denied discretionary otherInstitution denied
“Today’s decision is consistent with Return Mail and—even if Return Mail reached the opposite conclusion—would be comfortably within the Office’s settled broad discretion in deciding whether to use its limited resources to institute IPR in any given case. Apple Inc. v. Squires, No. 2024- 1864, 2026 WL 406495, at *7 (Fed. Cir. Feb. 13, 2026) (“[T]he Director has broad and protected discretion not to launch an IPR, even when the statutory pre-conditions are met.”). Indeed, as to the exercise of discretion, as I stated in the Memorandum, “the integrity of PTAB proceedings depends on knowing who is behind a petition—who funds it, directs it, and/or benefits from it. Any opacity in that chain of control invites exploitation, may facilitate technology transfer contrary to U.S. law, regulation, and interests, and serves only to undermine public confidence in the integrity of the patent system.” Memorandum 4. Notions of fundamental fairness dictate no other result.” slip op. at 7
Discretionary denialPatents in suitUS 11,251,394 - Pgr2025-00080Institution deniedPTAB · Feb 3, 2026 · PGR2025-00080 · APJ John A Squires · PGR · Director review
The Director denied institution of PGR2025-00080 after reviewing discretionary considerations.
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsInstitution denied
“NOTICE Pursuant to 35 U.S.C. § 314(a) and § 324(a), after review of discretionary considerations, institution of inter partes review or post-grant review is denied in the following proceedings: IPR2025-01510 IPR2026-00016 IPR2026-00035 IPR2025-01563 IPR2026-00019 IPR2026-00040 IPR2025-01596 IPR2026-00022 IPR2026-00041 IPR2025-01605 IPR2026-00023 IPR2026-00042 IPR2026-00008 IPR2026-00024 IPR2026-00043 IPR2026-00014 IPR2026-00031 PGR2025-00080 IPR2026-00015 IPR2026-00032” slip op. at 1
Discretionary denialPatents in suitUS 12,268,265 - Ipr2026-00015Institution deniedPTAB · Feb 3, 2026 · IPR2026-00015 · APJ John A Squires · IPR · Director review
The Director denied institution of IPR2026-00015 after review of discretionary considerations.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denialInstitution denied discretionary otherDenied
“NOTICE Pursuant to 35 U.S.C. § 314(a) and § 324(a), after review of discretionary considerations, institution of inter partes review or post-grant review is denied in the following proceedings: IPR2025-01510 IPR2026-00016 IPR2026-00035 IPR2025-01563 IPR2026-00019 IPR2026-00040 IPR2025-01596 IPR2026-00022 IPR2026-00041 IPR2025-01605 IPR2026-00023 IPR2026-00042 IPR2026-00008 IPR2026-00024 IPR2026-00043 IPR2026-00014 IPR2026-00031 PGR2025-00080 IPR2026-00015 IPR2026-00032” slip op. at 1
Discretionary denialPatents in suitUS 11,138,997 - Pgr2025-00064Institution deniedPTAB · Dec 1, 2025 · PGR2025-00064 · APJ John A Squires · PGR · Director review
The Director discretionarily denied institution of PGR2025-00064 after reviewing discretionary considerations.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denialDenied
“NOTICE Pursuant to 35 U.S.C. § 314(a) and § 324(a), after review of discretionary considerations, institution of inter partes review or post-grant review is denied in the following proceedings: IPR2025-01095* IPR2025-01213 IPR2025-01361 IPR2025-01100* IPR2025-01249 PGR2025-00063 IPR2025-01120* IPR2025-01344 PGR2025-00064 * Although previously referred, this case is now discretionarily denied in view of Revvo Technologies, Inc. v. Cerebrum Sensor Technologies, Inc., IPR2025-00632, Paper 20 (Squires Nov. 3, 2025) (precedential).” slip op. at 1
Discretionary denialPatents in suitUS 12,193,790 - Intel Corp. / Dell Inc. et al. v. General Video, LLCInstitution deniedPTAB · Oct 17, 2025 · IPR2025-01039 · APJ Coke Morgan Stewart · IPR · Director review
The Director granted Patent Owner’s discretionary-denial request and denied the petitions under § 314(a), instituting no trial based on a holistic assessment emphasizing settled expectations.
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsInstitution denied
“particular, the challenged patents have been in force for approximately seven, ten, and seventeen years, creating strong settled expectations for Patent Owner, 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); Intel Corp. v. Proxense LLC, IPR2025-00327, Paper 12, 2–3 (Director June 26, 2025). Additionally, Dell appears to have been notified of the challenged patents in 2016, 2017, and 2021. See, e.g., DD Req. 46–47; DD Reply 1–3. Accordingly, in the absence of sufficient explanation by Petitioner, Patent Owner’s strong settled expectations 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 7,359,437
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.