- 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 - 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 - Maplebear Inc. D/B/A Instacart v. Fall Line Patents, LLCInstitution deniedPTAB · Sep 26, 2025 · IPR2025-00958 · APJ Coke Morgan Stewart · IPR · Director review
The Director granted Patent Owner’s discretionary-denial request, denied the petition, and declined to institute IPR based on parallel litigation, settled expectations, and road mapping concerns.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivDenied
“The projected final written decision due date in the Board proceeding is December 12, 2026. Patent Owner has not asserted the challenged patent against Petitioner in district court, but Patent Owner has asserted the challenged patent against Petitioner’s customers.2 DD Req. 5–6; DD Opp. 2–3. For the district court proceeding involving Patent Owner and Petitioner’s customers, the scheduled trial date is July 27, 2026, and time-totrial statistics suggest trial would begin by October 2026. DD Req. 5. As such, it is unlikely that a final written decision in this proceeding will issue before the district court trial occurs, resulting in significant duplication of effort, additional expense, and a risk of inconsistent decisions.” slip op. at 2
- Settled expectationsInstitution denied settled expectationsDenied
“Additionally, the challenged patent has been in force for approximately 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).” slip op. at 2
- PTAB / AIA Trials › Discretionary denial › General Plastic (serial petitions)Institution denied general plasticDenied
“Further, the challenged patent has been the subject of multiple proceedings before the Board, and this is the second petition challenging claim 7. DD Req. 2; DD Opp. 1–2, 9. In the prior proceeding involving claim 7, the Board entered a final written decision finding that the petitioner did not prove, by a preponderance of the evidence, that claim 7 of the challenged patent would have been obvious over Barbosa3 and Falls.4 DD Req. 3; Starbucks Corp. v. Fall Line Patents, LLC, IPR2019-00610, Paper 42 at 34 (PTAB May 17, 2022) (final decision on remand). In this proceeding, Petitioner relies on Barbosa and Falls, and states that its “challenges here address the precise elements that prevented invalidation of Claim 7 in earlier proceedings.” DD Opp. 9; see also id. at 3 (arguing that “the Petition squarely addresses the deficiency identified by the Board in the prior IPR challenging claim 7”). Petitioner’s admission raises concerns of road mapping and weighs in favor of discretionary denial. See Amazon Web Servs., Inc. v. Croga Innovations, Ltd., IPR2025-00884, Paper 9 at 2 (Director Sept. 3, 2025).” slip op. at 3
- PTAB / AIA Trials › Discretionary denialInstitution denied discretionary otherDenied
“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). In consideration of the foregoing, it is: ORDERED that Patent Owner’s request for discretionary denial is granted; and 3 U.S. Patent No. 6,961,586 B2, issued Nov. 1, 2005 (Ex. 1005). 4 U.S. Patent No. 5,991,771, issued Nov. 23, 1999 (Ex. 1006). FURTHER ORDERED that the Petition is denied, and no trial is instituted.” slip op. at 3
Discretionary denialPatents in suitUS 9,454,748 - Coretronic Corporation / Optoma Corporation v. Maxell, Ltd.Institution deniedPTAB · Sep 26, 2025 · IPR2025-00942 · APJ Coke Morgan Stewart · IPR · Director review
The Director denied institution of IPR2025-00942 under § 314(a), citing settled expectations, parallel district court proceedings, and the holistic assessment of the record.
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsInstitution denied
“In particular, the challenged patents have been in force for approximately seven and eighteen years, creating 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).” slip op. at 2
- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivInstitution denied
“Board proceedings is in December 2026. The patent challenged in IPR2025- 00942 is part of a parallel district court proceeding involving the parties. Although there is currently no trial date set for the district court trial, Patent Owner presents time-to-trial statistics that suggest trial would begin in August 2026, which Petitioner does not contest. DD Req. 6–8; DD Opp. 4– 5. As such, it is unlikely that a final written decision in this proceeding will issue before the district court trial occurs, resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions. Additionally, there is insufficient evidence that the district court 2 Citations are to papers in IPR2025-00941. The parties filed similar papers in IPR2025-00942. is likely to stay its proceeding even if the Board were to institute trial, and there has been meaningful investment in the parallel proceeding by the parties. DD Req. 4–5, 9–14. For example, the parties have participated in a Markman hearing, fact discovery was scheduled to close on August 21, 2025, and expert discovery will close soon. Id. at 7–8.” 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 denialPatents in suitUS 9,900,569 - Coretronic Corporation / Optoma Corporation v. Maxell, Ltd.Institution deniedPTAB · Sep 26, 2025 · IPR2025-00941 · APJ Coke Morgan Stewart · IPR · Director review
The Director denied institution of IPR2025-00941 under § 314(a), citing settled expectations and inefficient use of Board resources because the patent was no longer asserted in district court.
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsInstitution denied
“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. In particular, the challenged patents have been in force for approximately seven and eighteen years, creating 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).” slip op. at 2
- Other 314aInstitution denied discretionary otherInstitution denied
“The patent challenged in IPR2025-00941 presents different circumstances. Patent Owner is no longer asserting the challenged patent in the parallel district court proceeding. DD Opp. 2; Ex. 1017. It is an inefficient use of Board resources to review claims of a patent that will not be further addressed in the district court trial involving the parties. See Roche Diabetes Care, Inc. v. Trividia Health, Inc., IPR2025-00553, Paper 10 (Director July 29, 2025). 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 7,159,988 - Be Smarter, LLC / James Guerra v. Yonder, Inc.Institution deniedPTAB · Sep 26, 2025 · IPR2025-00970 · APJ Coke Morgan Stewart · IPR · Director review
The Director denied institution of inter partes review under § 314(a), citing parallel district court proceedings, settled expectations, and the totality of the circumstances.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied
“is December 10, 2026. DD Req. 7–8. The district court’s scheduled trial date is September 21, 2026 (DD Req. 7–8; Ex. 2008), but Petitioner offers conflicting time-to-trial statistics that suggest trial could begin as late as 2027 (DD. Opp. 17–18). As such, it is not clear whether a final written decision in this proceeding will issue before the district court trial occurs. The parties, however, have made meaningful investments in the district court proceeding. DD Req. 8–10. For example, the parties have exchanged infringement and invalidity contentions, and a Markman hearing is scheduled to occur before the due date for an institution decision. Id.” slip op. at 2
- Settled expectationsInstitution denied settled expectationsInstitution denied
“Additionally, the challenged patent has been in force for approximately 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).” 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 Petition is denied under 35 U.S.C. § 314(a).” slip op. at 2
Discretionary denialPatents in suitUS 9,819,788
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.