- Analog Devices, Inc. v. Number 14 B.V.Institution deniedPTAB · Jul 16, 2025 · IPR2025-00551 · APJ Coke Morgan Stewart · IPR · Director review
The Director granted Patent Owner’s discretionary-denial requests and denied institution under § 314(a), citing settled expectations and the real party in interest’s role in obtaining and maintaining the patents.
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsDenied
“In particular, the challenged patents have been in force for more than 13 years, creating strong settled expectations, 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).” slip op. at 2
- PTAB / AIA Trials › Real party in interest / privityInstitution denied rpiDenied
“Furthermore, Patent Owner presents evidence that Petitioner’s real party in interest (and now wholly owned subsidiary2) controlled prosecution of and maintained the involved patents, and paid “millions of dollars in royalties.” DD Req. 18–19; Ex. 2002 ¶ 88; Ex. 2001 § 2.2; Paper 1, iv (identifying Maxim Integrated Products, Inc. as a real party in interest). It is not an appropriate use of Office resources where a party or its real party in interest applied for and was issued a patent, but, as is the case here, now advocates for its unpatentability.” 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 denialPatents in suitUS 7,812,665 - Volkswagen Group Of America, Inc. v. Arigna Technology LimitedInstitution deniedPTAB · Jan 21, 2022 · IPR2021-01263 · APJ Iftikhar Ahmed · IPR · Institution
The Board denied institution of review of claims 1 and 2 because Conti was a real party in interest and had previously filed a civil action challenging the claims’ validity.
RulingsInstitution decision- PTAB / AIA Trials › Real party in interest / privityRpi dispute resolved for patent ownerDecided for patent owner
“petition requesting inter partes review. 35 U.S.C. § 312(a)(2). The Board generally accepts a petitioner’s initial identification of the real parties in interest unless the patent owner presents some evidence to support an argument that an unnamed party should be included. See Worlds Inc. v. Bungie, Inc., 903 F.3d 1237, 1242 (Fed. Cir. 2018) (explaining that, in an inter partes review, the “petitioner’s initial identification of the real parties in interest should be accepted unless and until disputed by a patent owner,” and that “a patent owner must produce some evidence to support its argument that a particular third party should be named a real party in interest”). Furthermore, a petitioner bears the burden of persuasion to demonstrate that it has identified all of the real parties in interest. Id. at 1242−43. That burden never shifts to the patent owner. Id. at 1243−44. Our reviewing court has instructed us to apply a “flexible approach” to the real party in interest inquiry, which turns on “equitable and practical considerations” bearing on whether an unnamed entity has “a preexisting, established relationship with the petitioner.” Applications in Internet Time, LLC v. RPX Corp., 897 F.3d 1336, 1351 (Fed. Cir. 2018). The real party in interest inquiry, thus, “is a highly fact-dependent question” with no “bright line test,” which the Board assesses “on a case-by-case basis.” Patent Trial and Appeal Board Consolidated Trial Practice Guide (Nov. 2019) (“TPG”), 12–18, available at https://www.uspto.gov/sites/default/files/documents/ tpgnov.pdf.” slip op. at 5
- PTAB / AIA Trials › §315(b) time barDenied
“C. The Statutory Bar “An inter partes review may not be instituted if, before the date on which the petition for such a review is filed, the petitioner or real party in interest filed a civil action challenging the validity of a claim of the patent.” 35 U.S.C. § 315(a)(1) (emphasis added). Conti has a business relationship with Volkswagen whereby it supplies radar sensor modules to Volkswagen under an agreement that includes provisions relating to indemnification, and Volkswagen has sought indemnification against Patent Owner’s infringement claims based on the agreement. Ex. 2007 ¶¶ 3, 15, 22 (Complaint filed in the Virginia Declaratory Judgment Action). Given that Conti filed (prior to Volkswagen’s filing of the Petition) a civil action challenging the validity of the claims of the ’318 patent, Conti is barred under 35 U.S.C. § 315(a)(1). Thus, a dispositive question, fully briefed by the parties, is whether Conti is a real party in interest to this proceeding. For reasons provided in our analysis below, we answer that question in the affirmative.” slip op. at 5
Discretionary denialPatents in suitUS 7,397,318 - RPX Corporation v. Applications In Internet Time, LLCRehearing deniedPTAB · Dec 4, 2020 · IPR2015-01752 · APJ Scott R Boalick · IPR · Rehearing
The Board denied RPX’s rehearing request, leaving in place the determination that Salesforce was an RPI and the petitions were time-barred under § 315(b).
RulingsRehearing decision- RehearingRehearing, deniedDenied
“The burden of showing a decision should be modified lies with the party challenging the decision. The request must specifically identify all matters the party believes the Board misapprehended or overlooked, and the place where each matter was previously addressed in a motion, an opposition, or a reply. Thus, a request for rehearing is not an opportunity to present new arguments or evidence or merely to disagree with the panel’s assessment of the arguments or weighing of the evidence.” slip op. at 3
- PTAB / AIA Trials › Real party in interest / privityRpi dispute resolved for patent ownerDecided for patent owner
“legally required for Salesforce to be a “beneficiary.” Req. Reh’g. 14. Further, Petitioner further asserts that we overlooked the authority cited by Petitioner that “‘behest’ means command, and that RPX cannot have acted as Salesforce’s representative unless RPX were appointed by Salesforce to so act.” Id. at 14–15. Petitioner asserts that the evidence, at most, demonstrates that RPX filed as a “mere volunteer to benefit Salesforce.” Id. at 15. We are not persuaded because Petitioner’s argument proposes that we apply a more narrow and rigid analysis of RPI than the one instructed by the Federal Circuit in these cases. As stated by the Federal Circuit, “[d]etermining whether a non-party is a ‘real party in interest’ demands a flexible approach that takes into account both equitable and practical considerations, with an eye toward determining whether the non-party is a clear beneficiary that has a preexisting, established relationship with the petitioner.” AIT, 897 F.3d at 1351; see also Dec. 4–5. Applying this flexible approach to the evidence of record, we determined that Salesforce is an RPI in these proceedings.” slip op. at 16
- PTAB / AIA Trials › §315(b) time barDenied
“In the Final Decision on Remand, we determined that Salesforce was a real party in interest (an “RPI”) in these proceedings, and the Petitions, therefore, were time-barred under 35 U.S.C. § 315(b). Dec. 35, 40. Based on that determination, we terminated the previously instituted inter partes reviews. Id. at 40. On October 9, 2020, RPX Corporation (“Petitioner”) filed a Request for Rehearing of the Board’s Final Decision on Remand. Paper 134 (“Req. Reh’g.”). Pursuant to our authorization, Patent Owner filed a Response (Paper 135, “PO Resp.”), and Petitioner filed a Reply (Paper 136, “Pet. Reply”). For the reasons discussed below, we deny Petitioner’s Request for Rehearing.” slip op. at 2
- PTAB / AIA Trials › Constitutional / APA (Arthrex, Oil States, due process)Decided for patent owner
“entitled to due process and the protections afforded by the Administrative Procedure Act. Pet. Reply 1 (citing SAS Inst., Inc. v. ComplementSoft, LLC, 825 F.3d 1341, 1351 (Fed. Cir. 2016)). We agree with Patent Owner, however, that all requirements of procedural due process have been met here. “The indispensable ingredients of due process are notice and an opportunity to be heard by a disinterested decision-maker.” Belden Inc. v. Berk-Tek LLC, 805 F.3d 1064, 1080 (Fed. Cir. 2015) (quoting Abbott Labs. v. Cordis Corp., 710 F.3d 1318, 1328 (Fed. Cir. 2013)).” slip op. at 4
Discretionary denialPatents in suitUS 7,356,482 - Microsoft Corporation v. Science Applications International CorporationInstitution deniedPTAB · Feb 3, 2020 · IPR2019-01360 · APJ Jason M Repko · IPR · Institution
The Board denied the petitions because the government was Microsoft’s privy, making the petitions time-barred under § 315(b); it also exercised § 314(a) discretion to deny review.
RulingsInstitution decision- PTAB / AIA Trials › Real party in interest / privityRpi dispute resolved for patent ownerDecided for patent owner
“pre-existing substantive legal relationships between the parties” Under the second Taylor factor, the evidence shows a “pre-existing substantive legal relationship between” the government and Petitioner. “Qualifying relationships include, but are not limited to, preceding and succeeding owners of property, bailee and bailor, and assignee and assignor.” See Taylor, 553 U.S. at 894. “A common character of these relationships is that the two parties share a high degree of commonality of proprietary or financial interest.” AIT, 897 F.3d at 1352 (Reyna, J., concurring). The evidence here shows that the government and Petitioner share such interests. Before requesting inter partes review, the government had a preexisting, established relationship with Petitioner. In particular, Patent Owner has an ongoing infringement lawsuit against the government in the Court of Federal Claims. Pet. 3 (citing Ex. 1025, (“the Complaint”)). Petitioner entered into the Contract with the government to develop a system incorporating the allegedly infringing feature. Id. slip op. at 7
- PTAB / AIA Trials › §315(b) time barDenied
“C. SECTION 315(B) BARS INSTITUTION We have found that the government, a nonparty to the instant proceedings, is a privy of Petitioner. Under 35 U.S.C. § 315(b), “[a]n inter partes review may not be instituted if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner, real party in interest, or privy of the petitioner is served with a complaint alleging infringement of the patent.” The government was served with a complaint alleging infringement of the patents-at-issue in 2017. The instant Petitions were filed in July 2019, more than 1 year from the service of the complaint on the government. Accordingly, inter partes review may not be instituted under § 315(b).” slip op. at 13
- Other 314aInstitution denied discretionary otherDenied
“D. DISCRETIONARY DENIAL UNDER SECTION 314(A) Institution of inter partes review is discretionary. 35 U.S.C. § 314(a); SAS Inst. Inc. v. Iancu, 138 S. Ct. 1348, 1356 (2018) (“[Section] 314(a) invests the Director with discretion on the question whether to institute review . . . .” (emphasis omitted)); Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 2131, 2140 (2016) (“[T]he agency’s decision to deny a petition is a matter committed to the Patent Office’s discretion.”); see also 37 C.F.R. § 42.4(a) (“The Board institutes the trial on behalf of the Director.”). “[T]he PTO is permitted, but never compelled, to institute an IPR proceeding.” Harmonic Inc. v. Avid Tech., Inc., 815 F.3d 1356, 1367 (Fed. Cir. 2016). Even if Petitioner and the government were not in privity, we would exercise our discretion to deny review to avoid any concerns that the government is obtaining a benefit to which it is not permitted under Return Mail.” slip op. at 13
- PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Granted
“All papers are available for public access by default. See 35 U.S.C. § 316(a)(1). A party may file a concurrent motion to seal, and the information at issue is sealed pending the motion’s outcome. 37 C.F.R. § 42.54. The standard for granting a motion to seal is “for good cause.” 37 C.F.R. § 42.54(a). For instance, we consider whether the movant has adequately shown that (1) the information sought to be sealed is truly confidential, (2) a concrete harm would result upon public disclosure, (3) there exists a genuine need to rely in the trial on the specific information sought to be sealed, and (4) on balance, an interest in maintaining confidentiality outweighs the strong public interest in having an open record. Argentum Pharms. LLC v. Alcon Research, Ltd., IPR2017-01053, Paper 27 at 4 (PTAB Jan. 19, 2018) (Denying Motion to Seal) (informative). Confidential information includes, but is not limited to, commercial information. 37 C.F.R. § 42.54(7). Here, the information to be sealed includes a discussion of and direct quotations from the contract filed as Exhibit 2006. See Pet. Mot. to Seal 3–5; PO Mot. to Seal 1–2. The contract is not publicly available, it has been sealed in this proceeding, and it contains the details and financial terms of an agreement between Petitioner and the government. We are persuaded that the Motions demonstrate that the information sought to be sealed reflects Petitioner’s confidential business information and that “an interest in maintaining confidentiality outweighs the strong public interest in having an open record” here. See Argentum, Paper 27 at 4.” slip op. at 14
Discretionary denialPatents in suitUS 9,229,230 - Microsoft Corporation v. Science Applications International CorporationInstitution deniedPTAB · Feb 3, 2020 · IPR2019-01311 · APJ Jason M Repko · IPR · Institution
The Board denied the petitions because the government was Microsoft's privy and had been served with infringement complaints more than one year before filing; it also denied review under § 314(a).
RulingsInstitution decision- PTAB / AIA Trials › Real party in interest / privityRpi dispute resolved for patent ownerDecided for patent owner
“The evidence here shows that the government and Petitioner share such interests. Before requesting inter partes review, the government had a preexisting, established relationship with Petitioner. In particular, Patent Owner has an ongoing infringement lawsuit against the government in the Court of Federal Claims. Pet. 3 (citing Ex. 1025, (“the Complaint”)). Petitioner entered into the Contract with the government to develop a system incorporating the allegedly infringing feature. Id. Therefore, both Petitioner and the government share a common interest in canceling the allegedly infringed claims.” slip op. at 7
- PTAB / AIA Trials › §315(b) time barInstitution denied time barDenied
“existing substantive legal relationship. This provides at least one ground of nonparty preclusion under Taylor. We further determine, as discussed below, that two other Taylor factors support our privity determination. 2. “where special statutory schemes foreclose successive litigation by the nonparty” A special statutory scheme applies here under 35 U.S.C. § 315(b), which bars institution of an IPR if a “privy of the petitioner is served with a complaint alleging infringement of the patent” more than one year before the petition was filed. Moreover, we note that the government, according to a recent Supreme Court case, is not a “person” that can file a Petition for inter partes review under 35 U.S.C. § 311. Return Mail, Inc. v. United States Postal Service, 139 S. Ct. 1853 (2019). Thus, Petitioner’s filings are the only filed Petitions from which the government could benefit, because the government could not file its own petition in light of the June 10, 2019, Return Mail decision.” slip op. at 11
- Other 314aInstitution denied discretionary otherDenied
“D. DISCRETIONARY DENIAL UNDER SECTION 314(A) Institution of inter partes review is discretionary. 35 U.S.C. § 314(a); SAS Inst. Inc. v. Iancu, 138 S. Ct. 1348, 1356 (2018) (“[Section] 314(a) invests the Director with discretion on the question whether to institute review . . . .” (emphasis omitted)); Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 2131, 2140 (2016) (“[T]he agency’s decision to deny a petition is a matter committed to the Patent Office’s discretion.”); see also 37 C.F.R. § 42.4(a) (“The Board institutes the trial on behalf of the Director.”). “[T]he PTO is permitted, but never compelled, to institute an IPR proceeding.” Harmonic Inc. v. Avid Tech., Inc., 815 F.3d 1356, 1367 (Fed. Cir. 2016). Even if Petitioner and the government were not in privity, we would exercise our discretion to deny review to avoid any concerns that the government is obtaining a benefit to which it is not permitted under Return Mail.” slip op. at 13
- ExcludeGranted
“All papers are available for public access by default. See 35 U.S.C. § 316(a)(1). A party may file a concurrent motion to seal, and the information at issue is sealed pending the motion’s outcome. 37 C.F.R. § 42.54. The standard for granting a motion to seal is “for good cause.” 37 C.F.R. § 42.54(a). For instance, we consider whether the movant has adequately shown that (1) the information sought to be sealed is truly confidential, (2) a concrete harm would result upon public disclosure, (3) there exists a genuine need to rely in the trial on the specific information sought to be sealed, and (4) on balance, an interest in maintaining confidentiality outweighs the strong public interest in having an open record.” slip op. at 14
Discretionary denialPatents in suitUS 7,787,012 - Fasteners For Retail, Inc. v. RTC Industries, Inc.Rehearing deniedPTAB · Nov 15, 2018 · IPR2018-00744 · APJ Michael L Woods · IPR · Rehearing
The Board denied Fasteners for Retail’s rehearing request, leaving institution denied because it failed to identify Olympus as a real party in interest.
RulingsRehearing decision- RehearingRehearing, deniedDenied
“Petitioner’s argument is without merit because it mischaracterizes our Order. Contrary to Petitioner’s assertion (Request 5), our Order does not “instruct” or “direct” Petitioner to file a reply brief if it believes Olympus is not an unnamed RPI. Rather, our Order explicitly provides that if “Petitioner does not believe that Olympus is an unnamed real party in interest, in lieu of updating its mandatory notices, Petitioner may file a reply brief.” Order 3 (emphasis added). In other words, the Order does not state “Petitioner must file a reply brief,” as Petitioner’s argument would have us believe. The Order further provides:” slip op. at 4
- PTAB / AIA Trials › Real party in interest / privityDecided for patent owner
“We entered a decision denying institution (Paper 25, “DDI”), in which we explained that Petitioner failed to persuade us that Olympus was not an RPI. DDI 14.” slip op. at 2
Discretionary denialPatents in suitUS 9,635,957 - Fasteners For Retail, Inc. v. RTC Industries, Inc.Rehearing deniedPTAB · Nov 15, 2018 · IPR2018-00743 · APJ Michael L Woods · IPR · Rehearing
The Board denied Fasteners for Retail’s rehearing request and left institution denied because it failed to identify Olympus as a real party in interest.
RulingsRehearing decision- RehearingRehearing, deniedDenied
“Petitioner’s argument is without merit because it mischaracterizes our Order. Contrary to Petitioner’s assertion (Request 5), our Order does not “instruct” or “direct” Petitioner to file a reply brief if it believes Olympus is not an unnamed RPI. Rather, our Order explicitly provides that if “Petitioner does not believe that Olympus is an unnamed real party in interest, in lieu of updating its mandatory notices, Petitioner may file a reply brief.” Order 3 (emphasis added). In other words, the Order does not state “Petitioner must file a reply brief,” as Petitioner’s argument would have us believe. The Order further provides: ORDERED that within 7 days of the entry of this Order, Petitioner may amend its mandatory notices to name other parties, including Olympus as a real party in interest in each [proceeding] . . . FURTHER ORDERED that in lieu of updating its mandatory notices, Petitioner may file a 7-page reply brief to address Patent Owner’s RPI arguments in each [proceeding].” slip op. at 4
- PTAB / AIA Trials › Real party in interest / privityInstitution denied rpiDecided for patent owner
“We entered a decision denying institution (Paper 25, “DDI”), in which we explained that Petitioner failed to persuade us that Olympus was not an RPI. DDI 14.” slip op. at 2
Discretionary denialPatents in suitUS 9,504,321 - Fasteners For Retail, Inc. v. RTC Industries, Inc.Rehearing deniedPTAB · Nov 15, 2018 · IPR2018-00742 · APJ Michael L Woods · IPR · Rehearing
The Board denied the rehearing request in all four proceedings, upholding denial of institution because Petitioner failed to identify Olympus as a real party in interest.
RulingsRehearing decision- RehearingRehearing, deniedDenied
“b. Standard for Reconsideration The party filing a request for rehearing has the burden of showing a decision should be modified, and the request for rehearing must specifically identify all matters the party believes the Board misapprehended or overlooked and the place where each matter was previously addressed in its papers. 37 C.F.R. § 42.71(d). Therefore, Petitioner bears the burden of establishing that we misapprehended or overlooked the matters that it requests that we review. When rehearing a decision whether to institute a trial, the Board reviews the decision for an abuse of discretion. 37 C.F.R. § 42.71(c).” slip op. at 3
- PTAB / AIA Trials › Real party in interest / privityRpi dispute resolved for patent ownerDecided for patent owner
“I. INTRODUCTION a. Background Fasteners for Retail, Inc. (“Petitioner”), filed four petitions (IPR2018- 00741, IPR2018-00742, IPR2018-00743, and IPR2018-00744) requesting inter partes review of claims in U.S. Patent Nos. 9,173,505, 9,149,132, 9,504,321, and 9,635,957. Paper 1.2 RTC Industries, Inc. (“Patent Owner”), filed a Preliminary Response (Paper 8, “Prelim. Resp.”) arguing that Petitioner failed to identify Olympus Partners LP (“Olympus”) as a real party-in-interest (“RPI”). Prelim. Resp. 28–39. After receiving the Preliminary Response, we issued an order (Paper 13, “Order”) permitting Petitioner to either: (1) amend its mandatory notices within 7 days to name Olympus as an RPI; or (2) file a reply brief within 7 days to address Patent Owner’s RPI argument. Order 4. Although it amended its mandatory notices to add certain additional RPIs (Paper 14), Petitioner chose to file a reply brief (Paper 15, “Reply”) rather than name Olympus as an RPI. We entered a decision denying institution (Paper 25, “DDI”), in which we explained that Petitioner failed to persuade us that Olympus was not an RPI. DDI 14.” slip op. at 2
Discretionary denialPatents in suitUS 9,149,132 - Fasteners For Retail, Inc. v. RTC Industries, Inc.Rehearing deniedPTAB · Nov 15, 2018 · IPR2018-00741 · APJ Michael L Woods · IPR · Rehearing
The Board denied Fasteners for Retail’s rehearing request, leaving institution denied because Petitioner failed to identify Olympus as a real party in interest.
RulingsRehearing decision- RehearingRehearing, deniedDenied
“b. Standard for Reconsideration The party filing a request for rehearing has the burden of showing a decision should be modified, and the request for rehearing must specifically identify all matters the party believes the Board misapprehended or overlooked and the place where each matter was previously addressed in its papers. 37 C.F.R. § 42.71(d). Therefore, Petitioner bears the burden of establishing that we misapprehended or overlooked the matters that it requests that we review. When rehearing a decision whether to institute a trial, the Board reviews the decision for an abuse of discretion. 37 C.F.R. § 42.71(c).” slip op. at 3
- PTAB / AIA Trials › Real party in interest / privityRpi dispute resolved for patent ownerDecided for patent owner
“Moreover, the 7-day period for amending its mandatory notices to name Olympus as an RPI expired on July 27, 2018, (Order 4), and we entered our decision denying institution based on Petitioner’s failure to name Olympus as an RPI on September 12, 2018, (DDI 14). To permit Petitioner to now amend its mandatory notices to cure its failure to name Olympus as an RPI would be unfair to Patent Owner and would encourage gamesmanship by allowing petitioners to refrain from naming all RPIs until if and after such unnamed RPI is the cause for denying institution. Indeed, we are not aware of any Board decision that has permitted such amendment to mandatory notices after a decision denying institution. Accordingly, Petitioner’s Request is denied.” slip op. at 5
Discretionary denialPatents in suitUS 9,173,505 - Mastercard International Inc. v. Alexsam, Inc.Institution deniedPTAB · Sep 21, 2017 · CBM2017-00042 · APJ Christopher G Paulraj · CBM · Institution
The Board denied institution because MasterCard lacked standing: it had not been sued for or charged with infringement under the CBM statute.
RulingsInstitution decision- PTAB / AIA Trials › Real party in interest / privityDenied
“Under § 18(a)(1)(B) of the America Invents Act (AIA), “[a] person may not file a petition for a transitional proceeding with respect to a covered business method patent unless the person or the person’s real party in interest or privy has been sued for infringement of the patent or has been charged with infringement under that patent.” AIA § 18(a)(1)(B) (emphasis added); see also 37 C.F.R. § 42.302(a). Petitioner contends that this standing requirement is satisfied “because Patent Owner sued Petitioner for alleged breach of a patent License Agreement involving the ‘608 Patent.” Pet. 4 (citing Ex. 1002). After considering the parties’ arguments, including those set forth in their supplemental briefs, we determine that Petitioner has not met its burden of demonstrating that it is eligible to bring this CBM review. See 37 C.F.R. § 42.304(a) (“The petitioner must demonstrate . . . that [it] meets the eligibility requirements of § 42.302.”).” slip op. at 5
- BurdenDecided for patent owner
“Under § 18(a)(1)(B) of the America Invents Act (AIA), “[a] person may not file a petition for a transitional proceeding with respect to a covered business method patent unless the person or the person’s real party in interest or privy has been sued for infringement of the patent or has been charged with infringement under that patent.” AIA § 18(a)(1)(B) (emphasis added); see also 37 C.F.R. § 42.302(a). Petitioner contends that this standing requirement is satisfied “because Patent Owner sued Petitioner for alleged breach of a patent License Agreement involving the ‘608 Patent.” Pet. 4 (citing Ex. 1002). After considering the parties’ arguments, including those set forth in their supplemental briefs, we determine that Petitioner has not met its burden of demonstrating that it is eligible to bring this CBM review. See 37 C.F.R. § 42.304(a) (“The petitioner must demonstrate . . . that [it] meets the eligibility requirements of § 42.302.”).” slip op. at 5
Discretionary denialPatents in suitUS 6,000,608
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.