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  • PTAB · 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 denial
    Patents in suitUS 8,116,749
  • PTAB · 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 denial
    Patents in suitUS 9,456,053
  • Pgr2025-00080Institution denied
    PTAB · 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 denial
    Patents in suitUS 12,268,265
  • Ipr2026-00015Institution denied
    PTAB · 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 denial
    Patents in suitUS 11,138,997
  • Pgr2025-00064Institution denied
    PTAB · 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 denial
    Patents in suitUS 12,193,790
  • PTAB · 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 denial
    Patents in suitUS 7,359,437
  • PTAB · Oct 17, 2025 · IPR2025-01038 · APJ Coke Morgan Stewart · IPR · Director review

    The Director granted Patent Owner’s discretionary-denial request and denied the petitions under § 314(a), declining to institute IPR based on the holistic record and strong settled expectations.

    RulingsDirector review decision
    • Settled expectationsGranted

      “Other considerations, however, favor discretionary denial. In 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.” slip op. at 3

    • Other 314aInstitution denied settled expectationsInstitution denied discretionary otherInstitution 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 denial
    Patents in suitUS 7,359,437
  • PTAB · Oct 17, 2025 · IPR2025-01037 · IPR · Director review

    The Director granted Patent Owner’s discretionary-denial request and denied the petitions under § 314(a); no inter partes review was instituted.

    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

    • 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). 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 9,843,786
  • PTAB · Oct 17, 2025 · IPR2025-01036 · IPR · Director review

    The Director granted Patent Owner’s discretionary-denial request and denied the petitions under § 314(a), so no inter partes review was instituted.

    RulingsDirector review decision
    • Settled expectationsInstitution denied settled expectationsDenied

      “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 denial
    Patents in suitUS 9,036,010
  • PTAB · Oct 17, 2025 · IPR2025-01009 · APJ Kalyan K Deshpande · IPR · Director review

    The Director granted Patent Owner’s discretionary-denial requests and denied the petitions; no trial was instituted under § 314(a).

    RulingsDirector review decision
    • Settled expectationsInstitution denied settled expectationsInstitution denied

      “Some considerations, however, favor discretionary denial. In particular, the challenged patents have been in force for approximately twelve and nine years, creating 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). Additionally, Petitioner’s arguments that the Office made a material error” 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). 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 9,281,314
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