- Oneplus Technology (Shenzhen) Co., Ltd. v. Pantech CorporationInstitution deniedPTAB · Oct 3, 2025 · IPR2025-00888 · APJ Coke Morgan Stewart · IPR · Director review
The Director granted Patent Owner’s discretionary-denial requests and denied institution in IPR2025-00888 based on settled expectations and the totality of the evidence and arguments.
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsGranted
“The patents challenged in IPR2025-00720, IPR2025-00887, and IPR2025-00888 present different circumstances and are unrelated to the patent challenged in IPR2025-00756. In particular, the challenged patents have been in force for eight, ten, and nine years, respectively, creating strong settled expectations for Patent Owner, and Petitioner does not provide 1 Citations are to papers in IPR2025-00720. The parties filed similar papers in IPR2025-00756, IPR2025-00887, and IPR2025-00888. 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). In the absence of any such information, the Office is disinclined to disturb the strong settled expectations of Patent Owner.” slip op. at 2
- Other 314aInstitution denied discretionary otherInstitution denied
“Although certain arguments are highlighted above, the determinations in this Decision are based on a holistic assessment of all of the evidence and arguments presented. Accordingly, the Petitions in IPR2025-00720, IPR2025-00887, and IPR2025-00888 are denied under 35 U.S.C. § 314(a), and the Petition in IPR2025-00756 is referred to the Board to handle the case in the normal course, including by issuing a decision on institution addressing the merits and other non-discretionary considerations, as appropriate.” slip op. at 3
Discretionary denialPatents in suitUS 9,369,251 - Oneplus Technology (Shenzhen) Co., Ltd. v. Pantech CorporationInstitution deniedPTAB · Oct 3, 2025 · IPR2025-00887 · APJ Coke Morgan Stewart · IPR · Director review
The Director denied institution in IPR2025-00887 under § 314(a), finding strong settled expectations based on the patent’s age and insufficient justification for using Board resources.
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsInstitution denied
“The patents challenged in IPR2025-00720, IPR2025-00887, and IPR2025-00888 present different circumstances and are unrelated to the patent challenged in IPR2025-00756. In particular, the challenged patents have been in force for eight, ten, and nine years, respectively, creating strong settled expectations for Patent Owner, and Petitioner does not provide 1 Citations are to papers in IPR2025-00720. The parties filed similar papers in IPR2025-00756, IPR2025-00887, and IPR2025-00888. 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). In the absence of any such information, the Office is disinclined to disturb the strong settled expectations of Patent Owner.” slip op. at 2
Discretionary denialPatents in suitUS 8,995,372 - Oneplus Technology (Shenzhen) Co., Ltd. v. Pantech CorporationInstitution deniedPTAB · Oct 3, 2025 · IPR2025-00720 · IPR · Director review
The Director granted Patent Owner’s discretionary denial request and denied institution of IPR2025-00720 based on the totality of the evidence, including settled expectations.
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsGranted
“The patents challenged in IPR2025-00720, IPR2025-00887, and IPR2025-00888 present different circumstances and are unrelated to the patent challenged in IPR2025-00756. In particular, the challenged patents have been in force for eight, ten, and nine years, respectively, creating strong settled expectations for Patent Owner, and Petitioner does not provide 1 Citations are to papers in IPR2025-00720. The parties filed similar papers in IPR2025-00756, IPR2025-00887, and IPR2025-00888. 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). In the absence of any such information, the Office is disinclined to disturb the strong settled expectations of Patent Owner.” slip op. at 2
Discretionary denialPatents in suitUS 9,769,776 - Treasure Garden, Inc. v. Atleisure, LLCInstitution deniedPTAB · Oct 3, 2025 · IPR2025-01006 · APJ Coke Morgan Stewart · IPR · Director review
The Director denied institution under § 314(a), granting Patent Owner’s discretionary-denial requests based on a holistic assessment that included settled expectations and prior challenges.
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsDenied
“Other considerations, however, favor discretionary denial. In particular, the challenged patent has been in force for over thirteen years, creating strong settled expectations for Patent Owner. In addition, Patent Owner presents evidence that the challenged patent is known in the industry, as Patent Owner has sold “hundreds of thousands of patented umbrellas,” and has also licensed the challenged patent “nearly thirty times to industry participants.” DD Req. 14; Ex. 2002. Patent Owner has also asserted the challenged patent in four prior district court lawsuits. DD Req. 14–15. Further, the challenged patent was the subject of a previous inter partes review, and the Board denied institution after determining that the petition did not present a reasonable likelihood that a challenged claim was” slip op. at 2
- PTAB / AIA Trials › Discretionary denial › §325(d) same art / argumentsInstitution denied 325dDenied
“particular, the challenged patent has been in force for over thirteen years, creating strong settled expectations for Patent Owner. In addition, Patent Owner presents evidence that the challenged patent is known in the industry, as Patent Owner has sold “hundreds of thousands of patented umbrellas,” and has also licensed the challenged patent “nearly thirty times to industry participants.” DD Req. 14; Ex. 2002. Patent Owner has also asserted the challenged patent in four prior district court lawsuits. DD Req. 14–15. Further, the challenged patent was the subject of a previous inter partes review, and the Board denied institution after determining that the petition did not present a reasonable likelihood that a challenged claim was 1 Citations are to papers in IPR2025-01005. The parties filed similar papers in IPR2025-01006. 00430, Paper 7 (PTAB July 12, 2021) (decision denying institution). In these proceedings, Petitioner relies on some of the same art raised in the earlier proceeding which the Board denied on the merits. DD Req. 9. Even absent road mapping, prior challenges weigh against institution.” slip op. at 2
- Other 314aInstitution denied discretionary otherDenied
“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. Some considerations counsel against discretionary denial. For example, there is no trial date set for the parallel district court proceeding involving Petitioner and Patent Owner. DD Opp. 2. There is also a pending motion to stay the district court proceeding, and Petitioner provides evidence that the district court is likely to grant the motion should these Board proceedings be instituted. Id. at 8–9.” slip op. at 2
Discretionary denialPatents in suitUS 8,104,492 - Treasure Garden, Inc. v. Atleisure, LLCInstitution deniedPTAB · Oct 3, 2025 · IPR2025-01005 · APJ Coke Morgan Stewart · IPR · Director review
The Director granted Patent Owner’s discretionary-denial requests and denied institution of IPR on the challenged patent under § 314(a), based on a holistic assessment.
RulingsDirector review decision- Settled expectationsDenied
“particular, the challenged patent has been in force for over thirteen years, creating strong settled expectations for Patent Owner. In addition, Patent Owner presents evidence that the challenged patent is known in the industry, as Patent Owner has sold “hundreds of thousands of patented umbrellas,” and has also licensed the challenged patent “nearly thirty times to industry participants.” DD Req. 14; Ex. 2002. Patent Owner has also asserted the challenged patent in four prior district court lawsuits. DD Req. 14–15. Further, the challenged patent was the subject of a previous inter partes review, and the Board denied institution after determining that the petition did not present a reasonable likelihood that a challenged claim was” slip op. at 2
- Other 314aDenied
“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 8,104,492 - Hisense USA Corporation v. Phenix Longhorn LLCInstitution deniedPTAB · Oct 3, 2025 · IPR2025-01004 · APJ Coke Morgan Stewart · IPR · Director review
The Director denied institution of inter partes review under § 314(a), citing the district court’s earlier scheduled trial and a prior challenge to the patent.
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 proceeding is December 16, 2026. See Paper 3, 1. The district court’s scheduled trial date is January 20, 2026. DD Req. 10. 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.” slip op. at 2
- Other 314aInstitution denied discretionary otherInstitution denied
“Additionally, the challenged patent was involved in a prior Board proceeding. See Innolux Corp. v. Phenix Longhorn LLC, IPR2025-00044, Paper 11, 23, 25 (PTAB June 9, 2025). In that prior proceeding, the Board denied institution, finding that the petition did not satisfy the requirements of 37 C.F.R. § 42.104(b)(3) and did not present a reasonable likelihood that a challenged claim was unpatentable. DD Req. 35; Innolux, IPR2025-00044, Paper 11, 23, 25. Even absent road mapping, prior challenges weigh against institution. 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).” 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).” slip op. at 2
Discretionary denialPatents in suitUS 7,557,788 - Apple Inc. v. Advanced Coding Technologies LLCInstitution deniedPTAB · Oct 3, 2025 · IPR2025-00991 · APJ Coke Morgan Stewart · IPR · Director review
The Director granted Patent Owner’s discretionary-denial requests and denied the petitions under § 314(a), instituting no trial based on a holistic assessment.
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsInstitution denied
“Other considerations, however, favor discretionary denial. For example, the challenged patents have been in force for seven, six, and thirteen 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 1 Citations are to papers in IPR2025-00983. The parties filed similar papers in IPR2025-00984 and IPR2025-00991. 2 Patent Owner filed a complaint in the District Court for the Eastern District of Texas. On September 29, 2025, the court granted Petitioner’s motion to transfer the case to Northern District of Texas. Patent Owner subsequently filed a motion to dismiss the case without prejudice in the Northern District of Texas, and filed a new complaint in the District Court for the Western District of Texas. See Ex. 3101. ApS, IPR2025-00408, Paper 21 at 2–3 (Director June 18, 2025). Additionally, Petitioner’s arguments that the Office made a material error during prosecution are not persuasive.” 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
- 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 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 8,090,025 - Apple Inc. v. Advanced Coding Technologies LLCInstitution deniedPTAB · Oct 3, 2025 · IPR2025-00984 · APJ Coke Morgan Stewart · IPR · Director review
The Director denied institution of inter partes review under § 314(a), finding discretionary denial appropriate based on a holistic assessment of the evidence and arguments.
RulingsDirector review decision- Settled expectationsInstitution denied
“Other considerations, however, favor discretionary denial. For example, the challenged patents have been in force for seven, six, and thirteen 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” 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).” slip op. at 3
Discretionary denialPatents in suitUS 10,218,995 - Apple Inc. v. Advanced Coding Technologies LLCInstitution deniedPTAB · Oct 3, 2025 · IPR2025-00983 · APJ Coke Morgan Stewart · IPR · Director review
The Director denied institution of IPR on the challenged patent, finding discretionary denial appropriate based on a holistic assessment of the evidence and arguments.
RulingsDirector review decision- Settled expectationsDenied
“Other considerations, however, favor discretionary denial. For example, the challenged patents have been in force for seven, six, and thirteen 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” slip op. at 2
- Other 314aInstitution denied discretionary otherDenied
“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 9,986,303 - Flsmidth Inc. v. Metso Finland OYInstitution deniedPTAB · Oct 3, 2025 · IPR2025-00985 · APJ Coke Morgan Stewart · IPR · Director review
The Director denied institution of FLSmidth’s IPR petition under § 314(a), relying on settled expectations, unpersuasive prosecution-error arguments, and the totality of the circumstances.
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsInstitution denied
“Other considerations, however, favor discretionary denial. In particular, the challenged patent has been in force for over eight 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 during prosecution are not persuasive. 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).” slip op. at 2
- PTAB / AIA Trials › Discretionary denial › §325(d) same art / argumentsInstitution denied 325dInstitution denied
“particular, the challenged patent has been in force for over eight 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 during prosecution are not persuasive.” slip op. at 2
- Other 314aInstitution denied discretionary otherInstitution denied
“of all relevant considerations, discretionary denial of institution is appropriate in this proceeding. This determination is based on the totality of the evidence and arguments the parties have presented.” slip op. at 2
Discretionary denialPatents in suitUS 9,518,604
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.