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123 decisions · 431msnewest first
  • 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
  • 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 · IPR2025-01009 · 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
  • PTAB · Oct 17, 2025 · IPR2025-01008 · APJ Kalyan K Deshpande · IPR · Director review

    The Director denied institution of IPR on the challenged patents under § 314(a), citing settled expectations and the holistic assessment of the parties’ arguments and evidence.

    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 2 Citations are to papers in IPR2025-01008. The parties filed similar papers in IPR2025-01009. during prosecution are not persuasive. Under these circumstances, discretionary denial is appropriate.” 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 8,327,051
  • PTAB · Oct 17, 2025 · IPR2025-00996 · APJ Kalyan K Deshpande · IPR · Director review

    The Director denied institution of the IPR petitions under § 314(a), citing likely district court trial before the final written decision and Patent Owner’s settled expectations.

    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 proceedings is December 24, 2026. DD Req. 12. The district court trial is scheduled to begin August 3, 2026, and time-to-trial statistics suggest trial could begin between August 2026 and early December 2026. Id. at 12–13; DD Opp. 15. As such, it is unlikely that a final written decision in these proceedings 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. This favors discretionary denial.” slip op. at 2

    • Settled expectationsInstitution denied settled expectationsInstitution denied

      “Additionally, the challenged patents have been in force for approximately six years, creating settled expectations for Patent Owner. Further, Patent Owner provides evidence demonstrating Petitioner was aware of the challenged patents as early as 2020. Ex. 2001; Ex. 2002; Ex. 2003; Ex. 2004. This further favors discretionary denial.” slip op. at 2

    Discretionary denial
    Patents in suitUS 10,446,700
  • PTAB · Oct 17, 2025 · IPR2025-00995 · APJ Kalyan K Deshpande · IPR · Director review

    The Director granted Patent Owner’s discretionary-denial requests and denied the petitions under § 314(a), citing trial timing, duplication risk, and settled expectations.

    RulingsDirector review decision
    • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied

      “In particular, the projected final written decision due date in the Board proceedings is December 24, 2026. DD Req. 12. The district court trial is scheduled to begin August 3, 2026, and time-to-trial statistics suggest trial could begin between August 2026 and early December 2026. Id. at 12–13; DD Opp. 15. As such, it is unlikely that a final written decision in these proceedings 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. This favors discretionary denial.” slip op. at 2

    • Settled expectationsInstitution denied

      “Additionally, the challenged patents have been in force for approximately six years, creating settled expectations for Patent Owner. Further, Patent Owner provides evidence demonstrating Petitioner was aware of the challenged patents as early as 2020. Ex. 2001; Ex. 2002; Ex. 2003; Ex. 2004. This further favors discretionary denial.” slip op. at 2

    • Director reviewDirector review, deniedInstitution 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 10,468,543
  • PTAB · Oct 17, 2025 · IPR2025-01096 · APJ Coke Morgan Stewart · IPR · Director review

    The Director granted Patent Owner’s discretionary denial requests and denied the petitions, declining to institute inter partes review under § 314(a).

    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 ten, eight, and 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). Additionally, Patent Owner presents evidence demonstrating Petitioner had knowledge of the challenged patent in IPR2025-01096 as early as 2018. DD Req. 14. 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 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 Petitions are denied under 35 U.S.C. § 314(a).” slip op. at 3

    Discretionary denial
    Patents in suitUS 9,031,259
  • PTAB · Oct 17, 2025 · IPR2025-01080 · APJ Coke Morgan Stewart · IPR · Director review

    The Director granted Patent Owner’s discretionary-denial requests and denied the petitions under § 314(a), declining to institute review based on a holistic assessment, including settled expectations.

    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 ten, eight, and 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). Additionally, Patent Owner presents evidence demonstrating Petitioner had knowledge of the challenged patent in IPR2025-01096 as early as 2018. DD Req. 14. 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 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 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 9,804,819
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