• Advanced Micro Devices, Inc. v. Advanced Cluster Systems, Inc.Institution denied
  PTAB · Sep 3, 2025 · IPR2025-00863 · APJ Coke Morgan Stewart · IPR · Director review

  The Director denied institution of IPR of the challenged patent under § 314(a), citing settled expectations, repeated prior challenges, and insufficiently tailored national-security arguments.

  RulingsDirector review decision

  • Settled expectationsInstitution denied settled expectationsInstitution denied

    “Other considerations weigh in favor of discretionary denial. In particular, the challenged patent has been in force for approximately six years, creating settled expectations for Patent Owner. Additionally, the” slip op. at 2

  • PTAB / AIA Trials › Discretionary denial › General Plastic (serial petitions)Institution denied

    “1 Citations are to papers in IPR2025-00862. The parties filed similar papers in IPR2025-00863. 2 Petitioner filed motions for joinder to IPR2025-00794 and IPR2025-00795, respectively; however, those proceedings have been denied institution. As such, this decision will address the discretionary considerations for these Petitions on their own. challenged patent was involved in two prior Board proceedings. In those prior proceedings, the Board denied institution finding that the petitions did not present a reasonable likelihood that a challenged claim was unpatentable. Paper 12, 3; NVIDIA Corp. v. Advanced Cluster Sys., Inc., IPR2021-00019, Paper 9 (PTAB May 5, 2021) (decision denying institution); NVIDIA Corp. v. Advanced Cluster Sys., Inc., IPR2021-00020, Paper 9 (PTAB May 5, 2021) (decision denying institution). Even absent road mapping, repeated prior challenges weigh against institution.” slip op. at 2

  • Other 314aInstitution denied discretionary otherInstitution denied

    “Petitioner also argues that national security interests weigh against discretionary denial. DD Opp. 2–6. In particular, Petitioner states that its products “are at the heart of AI, supercomputers, and healthcare applications—all technologies recognized by the U.S. government as vital to the country.” Id. at 2. Petitioner, however, does not explain in sufficient detail why review of the challenged patents is in the interest of national security. That is, Petitioner’s arguments are not narrowly-tailored towards particular products, and Petitioner does not sufficiently explain how national security interests warrant review of the specific patents challenged in these proceedings. 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 10,333,768
• Advanced Micro Devices, Inc. v. Advanced Cluster Systems, Inc.Institution denied
  PTAB · Sep 3, 2025 · IPR2025-00862 · APJ Coke Morgan Stewart · IPR · Director review

  The Director granted Patent Owner’s discretionary-denial request and denied institution of the petitions under § 314(a), citing settled expectations, prior challenges, and insufficiently tailored national security arguments.

  RulingsDirector review decision

  • Settled expectationsDenied

    “Other considerations weigh in favor of discretionary denial. In particular, the challenged patent has been in force for approximately six years, creating settled expectations for Patent Owner. Additionally, the” slip op. at 2

  • PTAB / AIA Trials › Discretionary denial › General Plastic (serial petitions)Denied

    “1 Citations are to papers in IPR2025-00862. The parties filed similar papers in IPR2025-00863. 2 Petitioner filed motions for joinder to IPR2025-00794 and IPR2025-00795, respectively; however, those proceedings have been denied institution. As such, this decision will address the discretionary considerations for these Petitions on their own. challenged patent was involved in two prior Board proceedings. In those prior proceedings, the Board denied institution finding that the petitions did not present a reasonable likelihood that a challenged claim was unpatentable. Paper 12, 3; NVIDIA Corp. v. Advanced Cluster Sys., Inc., IPR2021-00019, Paper 9 (PTAB May 5, 2021) (decision denying institution); NVIDIA Corp. v. Advanced Cluster Sys., Inc., IPR2021-00020, Paper 9 (PTAB May 5, 2021) (decision denying institution). Even absent road mapping, repeated prior challenges weigh against institution.” slip op. at 2

  • Other 314aDenied

    “Petitioner also argues that national security interests weigh against discretionary denial. DD Opp. 2–6. In particular, Petitioner states that its products “are at the heart of AI, supercomputers, and healthcare applications—all technologies recognized by the U.S. government as vital to the country.” Id. at 2. Petitioner, however, does not explain in sufficient detail why review of the challenged patents is in the interest of national security. That is, Petitioner’s arguments are not narrowly-tailored towards particular products, and Petitioner does not sufficiently explain how national security interests warrant review of the specific patents challenged in these proceedings. 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 10,333,768
• Jinkosolar Co., Ltd. v. Longi Green Energy Technology Co. Ltd.Institution denied
  PTAB · Sep 3, 2025 · IPR2025-00859 · APJ Coke Morgan Stewart · IPR · Director review

  The Director granted Patent Owner’s request for discretionary denial, denied the Petition under § 314(a), and instituted no trial based on the holistic assessment of the evidence and arguments.

  RulingsDirector review decision

  • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivDenied

    “In particular, the projected final written decision due date in the Board proceeding is November 21, 2026. DD Req. 6. The district court’s scheduled trial date is August 31, 2026, and the time-to-trial statistics suggest trial will begin on November 7, 2026. Id. at 6–8; Ex. 2003; Ex. 2004. 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. Additionally, there is insufficient evidence that the district court is likely to stay its proceeding if the Board were to institute trial. DD Req. 4–5.” slip op. at 2

  • Settled expectationsInstitution denied settled expectationsDenied

    “Moreover, the challenged patent has been in force for approximately ten years, creating strong 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). Petitioner’s unsupported argument that Patent Owner does not have strong settled expectations because the patent was not previously “asserted, licensed, or otherwise applied” by Patent Owner or the prior owner of the patent does not defeat Patent Owner’s strong settled expectations. DD Opp. 6–7 (quoting Intel Corp. v. Proxense LLC, IPR2025-00327, Paper 12, 2–3 (Director June 26, 2025)). Additionally, Petitioner has been aware of the published application for the challenged patent since at least 2016, when the application was listed on a search report during prosecution of one of Petitioner’s Chinese patent applications. See DD Req. 21.” 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). In consideration of the foregoing, it is: ORDERED that Patent Owner’s request for discretionary denial is granted; and FURTHER ORDERED that the Petition is denied, and no trial is instituted.” slip op. at 3

  Discretionary denial
  Patents in suitUS 9,515,214
• Taiwan Semiconductor Manufacturing Company Ltd. / Apple Inc. v. Marlin Semiconductor Ltd.Institution denied
  PTAB · Sep 3, 2025 · IPR2025-00879 · APJ Coke Morgan Stewart · IPR · Director review

  The Director denied institution in IPR2025-00879 under § 314(a), citing the parallel ITC trial, settled expectations, and insufficiently tailored public-interest arguments.

  RulingsDirector review decision

  • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivDenied

    “In particular, the projected final written decision due date for each of these cases is November 15, 2026. The hearing in the parallel U.S. International Trade Commission (“ITC”) investigation is set for February 2, 2026. DD Req. 14. As such, it is unlikely that a final written decision in these proceedings will issue before the ITC trial occurs, resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions. In addition, the patents challenged in IPR2025- 00848, IPR2025-00864, IPR2025-00865, and IPR2025-00879 have been in force for seven, nine, nine, and ten years, respectively, creating strong 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- 1 Citations are to papers in IPR2025-00847. The parties filed similar papers in IPR2025-00848, IPR2025-00864, IPR2025-00865, and IPR2025-00879. 00408, Paper 21 at 2–3 (Director June 18, 2025). These factors favor discretionary denial.” slip op. at 2

  • Settled expectationsInstitution denied settled expectationsDenied

    “these cases is November 15, 2026. The hearing in the parallel U.S. International Trade Commission (“ITC”) investigation is set for February 2, 2026. DD Req. 14. As such, it is unlikely that a final written decision in these proceedings will issue before the ITC trial occurs, resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions. In addition, the patents challenged in IPR2025- 00848, IPR2025-00864, IPR2025-00865, and IPR2025-00879 have been in force for seven, nine, nine, and ten years, respectively, creating strong 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- 1 Citations are to papers in IPR2025-00847. The parties filed similar papers in IPR2025-00848, IPR2025-00864, IPR2025-00865, and IPR2025-00879. 00408, Paper 21 at 2–3 (Director June 18, 2025). These factors favor discretionary denial.” slip op. at 2

  • Other 314aInstitution denied discretionary otherDenied

    “Petitioner argues that national security, economic, and public interest considerations counsel against discretionary denial because “[t]he semiconductor chips manufactured by TSMC are vital to leading U.S. companies (from Apple and NVIDIA to Amazon and Tesla) . . . and national security and defense through TSMC’s CyberShuttle program.” DD Opp. 31. Petitioner, however, does not explain in sufficient detail why review of the challenged patents is in the interest of national security, the economy, or the public. That is, Petitioner’s arguments are not narrowly-tailored towards particular products or manufacturing methods, and Petitioner does not sufficiently explain how national security, economic, or public interests warrant review of the specific patents challenged in these proceedings.” slip op. at 3

  Discretionary denial
  Patents in suitUS 9,093,473
• Taiwan Semiconductor Manufacturing Company Ltd. / Apple Inc. v. Marlin Semiconductor Ltd.Institution denied
  PTAB · Sep 3, 2025 · IPR2025-00865 · APJ Coke Morgan Stewart · IPR · Director review

  The Director denied institution in IPR2025-00865 under § 314(a), citing the parallel ITC schedule, duplication risks, and Patent Owner’s settled expectations.

  RulingsDirector review decision

  • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivDenied

    “In particular, the projected final written decision due date for each of these cases is November 15, 2026. The hearing in the parallel U.S. International Trade Commission (“ITC”) investigation is set for February 2, 2026. DD Req. 14. As such, it is unlikely that a final written decision in these proceedings will issue before the ITC trial occurs, resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions. In addition, the patents challenged in IPR2025- 00848, IPR2025-00864, IPR2025-00865, and IPR2025-00879 have been in force for seven, nine, nine, and ten years, respectively, creating strong 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-” slip op. at 2

  • Settled expectationsInstitution denied settled expectationsDenied

    “these cases is November 15, 2026. The hearing in the parallel U.S. International Trade Commission (“ITC”) investigation is set for February 2, 2026. DD Req. 14. As such, it is unlikely that a final written decision in these proceedings will issue before the ITC trial occurs, resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions. In addition, the patents challenged in IPR2025- 00848, IPR2025-00864, IPR2025-00865, and IPR2025-00879 have been in force for seven, nine, nine, and ten years, respectively, creating strong 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-” slip op. at 2

  • Other 314aInstitution denied discretionary otherDenied

    “Petitioner argues that national security, economic, and public interest considerations counsel against discretionary denial because “[t]he semiconductor chips manufactured by TSMC are vital to leading U.S. companies (from Apple and NVIDIA to Amazon and Tesla) . . . and national security and defense through TSMC’s CyberShuttle program.” DD Opp. 31. Petitioner, however, does not explain in sufficient detail why review of the challenged patents is in the interest of national security, the economy, or the public. That is, Petitioner’s arguments are not narrowly-tailored towards particular products or manufacturing methods, and Petitioner does not sufficiently explain how national security, economic, or public interests warrant review of the specific patents challenged in these proceedings.” slip op. at 3

  Discretionary denial
  Patents in suitUS 9,147,747
• Taiwan Semiconductor Manufacturing Company Ltd. / Apple Inc. v. Marlin Semiconductor Ltd.Institution denied
  PTAB · Sep 3, 2025 · IPR2025-00864 · APJ Coke Morgan Stewart · IPR · Director review

  The Director denied institution in IPR2025-00864 under § 314(a), finding the parallel ITC schedule and settled expectations favored discretionary denial.

  RulingsDirector review decision

  • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivDenied

    “In particular, the projected final written decision due date for each of these cases is November 15, 2026. The hearing in the parallel U.S. International Trade Commission (“ITC”) investigation is set for February 2, 2026. DD Req. 14. As such, it is unlikely that a final written decision in these proceedings will issue before the ITC trial occurs, resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions. In addition, the patents challenged in IPR2025- 00848, IPR2025-00864, IPR2025-00865, and IPR2025-00879 have been in force for seven, nine, nine, and ten years, respectively, creating strong 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-” slip op. at 2

  • Settled expectationsInstitution denied settled expectationsDenied

    “these cases is November 15, 2026. The hearing in the parallel U.S. International Trade Commission (“ITC”) investigation is set for February 2, 2026. DD Req. 14. As such, it is unlikely that a final written decision in these proceedings will issue before the ITC trial occurs, resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions. In addition, the patents challenged in IPR2025- 00848, IPR2025-00864, IPR2025-00865, and IPR2025-00879 have been in force for seven, nine, nine, and ten years, respectively, creating strong 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-” slip op. at 2

  • Other 314aInstitution denied discretionary otherDenied

    “Petitioner argues that national security, economic, and public interest considerations counsel against discretionary denial because “[t]he semiconductor chips manufactured by TSMC are vital to leading U.S. companies (from Apple and NVIDIA to Amazon and Tesla) . . . and national security and defense through TSMC’s CyberShuttle program.” DD Opp. 31. Petitioner, however, does not explain in sufficient detail why review of the challenged patents is in the interest of national security, the economy, or the public. That is, Petitioner’s arguments are not narrowly-tailored towards particular products or manufacturing methods, and Petitioner does not sufficiently explain how national security, economic, or public interests warrant review of the specific patents challenged in these proceedings.” slip op. at 3

  Discretionary denial
  Patents in suitUS 9,184,292
• Taiwan Semiconductor Manufacturing Company Ltd. / Apple Inc. v. Marlin Semiconductor Ltd.Institution denied
  PTAB · Sep 3, 2025 · IPR2025-00848 · APJ Coke Morgan Stewart · IPR · Director review

  The Director denied institution in IPR2025-00848, IPR2025-00864, IPR2025-00865, and IPR2025-00879 under § 314(a), citing ITC overlap and settled expectations.

  RulingsDirector review decision

  • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivDenied

    “In particular, the projected final written decision due date for each of these cases is November 15, 2026. The hearing in the parallel U.S. International Trade Commission (“ITC”) investigation is set for February 2, 2026. DD Req. 14. As such, it is unlikely that a final written decision in these proceedings will issue before the ITC trial occurs, resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions. In addition, the patents challenged in IPR2025- 00848, IPR2025-00864, IPR2025-00865, and IPR2025-00879 have been in force for seven, nine, nine, and ten years, respectively, creating strong 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- 1 Citations are to papers in IPR2025-00847. The parties filed similar papers in IPR2025-00848, IPR2025-00864, IPR2025-00865, and IPR2025-00879. 00408, Paper 21 at 2–3 (Director June 18, 2025). These factors favor discretionary denial.” slip op. at 2

  • Settled expectationsInstitution denied settled expectationsDenied

    “these cases is November 15, 2026. The hearing in the parallel U.S. International Trade Commission (“ITC”) investigation is set for February 2, 2026. DD Req. 14. As such, it is unlikely that a final written decision in these proceedings will issue before the ITC trial occurs, resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions. In addition, the patents challenged in IPR2025- 00848, IPR2025-00864, IPR2025-00865, and IPR2025-00879 have been in force for seven, nine, nine, and ten years, respectively, creating strong 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- 1 Citations are to papers in IPR2025-00847. The parties filed similar papers in IPR2025-00848, IPR2025-00864, IPR2025-00865, and IPR2025-00879. 00408, Paper 21 at 2–3 (Director June 18, 2025). These factors favor discretionary denial.” slip op. at 2

  • Other 314aInstitution denied discretionary otherDenied

    “Petitioner argues that national security, economic, and public interest considerations counsel against discretionary denial because “[t]he semiconductor chips manufactured by TSMC are vital to leading U.S. companies (from Apple and NVIDIA to Amazon and Tesla) . . . and national security and defense through TSMC’s CyberShuttle program.” DD Opp. 31. Petitioner, however, does not explain in sufficient detail why review of the challenged patents is in the interest of national security, the economy, or the public. That is, Petitioner’s arguments are not narrowly-tailored towards particular products or manufacturing methods, and Petitioner does not sufficiently explain how national security, economic, or public interests warrant review of the specific patents challenged in these proceedings.” slip op. at 3

  • PTAB / AIA Trials › Discretionary denial › §325(d) same art / argumentsDenied

    “circumstances. In particular, Petitioner provides persuasive reasoning, supported by evidence, that the Office erred in a manner material to the patentability of the challenged patent during patent examination, and, accordingly, discretionary denial under 35 U.S.C. § 325(d) is not appropriate. Specifically, during prosecution of the challenged patent, the patent examiner applied Chien7702 to reject the claims, but subsequently allowed the claims after the applicant amended them. DD Opp. 5–6. Petitioner persuasively demonstrates that the patent examiner overlooked 2 US Pat. 6,815,770, Nov. 9, 2004 (Ex. 1037). certain teachings in Chien770 that appear to disclose the claimed features that the patent examiner indicated were not taught by the prior art of record, including Chien770. Id. at 7–10. Although the challenged patent has been in force for fifteen years, Petitioner appears to show a material error by the Office, and it is an appropriate use of Office resources to review the potential error.” slip op. at 3

  Discretionary denial
  Patents in suitUS 9,953,880
• Cisco Systems, Inc. v. Qprivacy USA LLCInstitution denied
  PTAB · Aug 29, 2025 · IPR2025-00836 · APJ Coke Morgan Stewart · IPR · Director review

  The Director granted Patent Owner’s discretionary-denial request and denied the petitions under § 314(a), citing the trial schedule, duplication, expense, inconsistent-decision risk, and reexamination.

  RulingsDirector review decision

  • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Denied

    “Other considerations favor discretionary denial. In particular, the projected final written decision due date in the Board proceeding is November 12, 2026. DD Req. 8; DD Opp. 12. The district court’s scheduled trial date is October 19, 2026, and the time-to-trial statistics suggest trial will begin in October 2026. DD Req. 8. 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. Additionally, there is insufficient evidence that the district court is likely to stay its proceeding even if the Board were to institute trial. Furthermore, an ex parte reexamination request for one of the challenged patents is before the Office. Id. at 32. Under these circumstances, the considerations in favor of discretionary denial outweigh those that counsel against it.” slip op. at 2

  • Settled expectationsDenied

    “Some factors counsel against discretionary denial. For example, the challenged patents have not been in force for a significant period of time (issued in 2021 and 2023). Accordingly, Patent Owner has not developed strong settled expectations that favor discretionary denial as to these patents.” slip op. at 2

  • Other 314aDenied

    “Petitioner argues that national security interests counsel against discretionary denial because it is a “key supplier of critical networking infrastructure for government agencies and the military.” DD Opp. 5–7. Petitioner, however, does not explain in sufficient detail why review of the challenged patents is in the interest of national security. For example, Petitioner argues that it “provides network equipment to all four branches of the military.” Id. at 6. But Petitioner does not provide sufficient explanation as to how review of the challenged patents implicates national security interests beyond identifying that inter partes review of the challenged patents “frees up more of Cisco’s resources to be spent on critical national security and economic interests.” Id. at 5. Absent more, Petitioner’s argument does not tip the balance against 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

  • Director reviewDirector review, deniedInstitution denied

    “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 trials are instituted.” slip op. at 3

  Discretionary denial
  Patents in suitUS 11,816,249
• Cisco Systems, Inc. v. Qprivacy USA LLCInstitution denied
  PTAB · Aug 29, 2025 · IPR2025-00837 · APJ Coke Morgan Stewart · IPR · Director review

  The Director denied institution of IPR2025-00837 under § 314(a), finding the district court schedule, duplication risks, and pending reexamination favored discretionary denial.

  RulingsDirector review decision

  • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivDenied

    “Other considerations favor discretionary denial. In particular, the projected final written decision due date in the Board proceeding is November 12, 2026. DD Req. 8; DD Opp. 12. The district court’s scheduled trial date is October 19, 2026, and the time-to-trial statistics suggest trial will begin in October 2026. DD Req. 8. 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. Additionally, there is insufficient evidence that the district court is likely to stay its proceeding even if the Board were to institute trial. Furthermore, an ex parte reexamination request for one of the challenged patents is before the Office. Id. at 32. Under these circumstances, the considerations in favor of discretionary denial outweigh those that counsel against it.” slip op. at 2

  • Settled expectationsInstitution denied settled expectationsDenied

    “Some factors counsel against discretionary denial. For example, the challenged patents have not been in force for a significant period of time (issued in 2021 and 2023). Accordingly, Patent Owner has not developed strong settled expectations that favor discretionary denial as to these patents.” slip op. at 2

  • Other 314aInstitution denied discretionary otherDenied

    “Petitioner argues that national security interests counsel against discretionary denial because it is a “key supplier of critical networking infrastructure for government agencies and the military.” DD Opp. 5–7. Petitioner, however, does not explain in sufficient detail why review of the challenged patents is in the interest of national security. For example, Petitioner argues that it “provides network equipment to all four branches of the military.” Id. at 6. But Petitioner does not provide sufficient explanation as to how review of the challenged patents implicates national security interests beyond identifying that inter partes review of the challenged patents “frees up more of Cisco’s resources to be spent on critical national security and economic interests.” Id. at 5. Absent more, Petitioner’s argument does not tip the balance against 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 11,106,824
• Amazon.Com, Inc. / Amazon.Com Services LLC et al. v. Audio Pod IP, LLCInstitution denied
  PTAB · Aug 14, 2025 · IPR2025-00757 · APJ Coke Morgan Stewart · IPR · Director review

  The Director denied the petitions and instituted no trial, finding discretionary denial appropriate under § 314(a) based on the holistic record, including settled expectations and efficient use of Board resources.

  RulingsDirector review decision

  • Settled expectationsInstitution denied settled expectationsDenied

    “Other factors, however, weigh in favor of discretionary denial. In particular, the challenged patents in IPR2025-00757, IPR2025-00765, IPR2025-00769, IPR2025-00774, and IPR2025-00777 have been in force for approximately seven, eleven, seven, eleven, and nine years, respectively, creating strong settled expectations for Patent Owner. Furthermore, Patent Owner provides evidence that Petitioner first learned of Patent Owner’s 1 Citations are to papers in IPR2025-00757. The parties filed similar papers in IPR2025-00765, IPR2025-00768, IPR2025-00769, IPR2025-00774, and IPR2025-00777. technology in 2007, and, in 2012, Patent Owner informed Petitioner of its patent portfolio, including an issued ancestor patent to the challenged patents. DD Req. 14–15; Ex. 2013. Accordingly, Petitioner appears to have had notice of the challenged patents or patent family for a significant period of time.” slip op. at 2

  • Other 314aInstitution denied discretionary otherDenied

    “The patent challenged in IPR2025-00768 has not been in force as long as the other patents challenged. While ordinarily such circumstances might counsel against discretionary denial, the district court will be considering the validity of the patents challenged in IPR2025-00757, IPR2025-00765, IPR2025-00769, IPR2025-00774, and IPR2025-00777, along with the validity of the patent challenged in IPR2025-00768, and referring IPR2025- 00768 to the Board would be an inefficient use of Board resources and tips the balance to discretionary denial as to that patent too. 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

  • 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 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 10,091,266

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.