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  • 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 · IPR2025-01088 · APJ Coke Morgan Stewart · IPR · Director review

    The Director granted Patent Owner’s discretionary denial request and denied institution under § 314(a), citing likely district court trial before the projected final written decision 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 in the Board proceeding is December 25, 2026. DD Req. 32. The district court’s scheduled trial date is October 19, 2026, and the time-to-trial statistics suggest trial will begin in November 2026. Id. at 32–33; Ex. 2032. 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, the challenged patent has been in force for more than seventeen years, creating strong settled expectations for Patent Owner. DD Req. 4.” slip op. at 2

    • Settled expectationsInstitution denied settled expectationsDenied

      “proceeding is December 25, 2026. DD Req. 32. The district court’s scheduled trial date is October 19, 2026, and the time-to-trial statistics suggest trial will begin in November 2026. Id. at 32–33; Ex. 2032. 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, the challenged patent has been in force for more than seventeen years, creating strong settled expectations for Patent Owner. DD Req. 4.” slip op. at 2

    • 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; FURTHER ORDERED that the Petition is denied, and no trial is instituted.” slip op. at 3

    Discretionary denial
    Patents in suitUS 7,061,859
  • 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 · IPR2025-01089 · APJ Coke Morgan Stewart · IPR · Director review

    The Director granted Patent Owner’s request for discretionary denial and denied institution of IPR on the challenged patent under § 314(a).

    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 28, 2026. DD Req. 6. The district court’s scheduled trial date in the earliest parallel proceeding is June 1, 2026, and the time-to-trial statistics suggest trial will begin in September 2026. Ex. 1023. 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. Further, there has been meaningful investment in the district court proceeding. DD Req. 9–10. For example, Patent Owner has provided two sets of infringement 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 expectationsDenied

      “Furthermore, the challenged patent has been in force for sixteen 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).” 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 Petitions is denied, and no trial is instituted.” slip op. at 3

    Discretionary denial
    Patents in suitUS 7,513,238
  • 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 · IPR2025-00876 · APJ Kalyan K Deshpande · IPR · Director review

    The Director denied institution in IPR2025-00876 under § 314(a), finding settled expectations and insufficient justification for using Board resources.

    RulingsDirector review decision
    • Settled expectationsInstitution denied settled expectationsDenied

      “The patents challenged in IPR2025-00875 and IPR2025-00876 present different circumstances. In particular, these challenged patents have been in force for seven and six years, respectively, 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,” slip op. at 2

    Discretionary denial
    Patents in suitUS 10,218,954
  • PTAB · Oct 17, 2025 · IPR2025-00875 · APJ Kalyan K Deshpande · IPR · Director review

    The Director denied institution in IPR2025-00875 and IPR2025-00876 based on settled expectations, and referred IPR2025-00877 to the Board for a decision on institution.

    RulingsDirector review decision
    • Settled expectationsInstitution denied settled expectationsDenied

      “The patents challenged in IPR2025-00875 and IPR2025-00876 present different circumstances. In particular, these challenged patents have been in force for seven and six years, respectively, 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, 2 Citations are to papers in IPR2025-00875. The parties filed similar papers in IPR2025-00876 and IPR2025-00877. Paper 21 at 2–3 (Director June 18, 2025). In the absence of any such information, the Office is disinclined to disturb the settled expectations of Patent Owner.” slip op. at 2

    Discretionary denial
    Patents in suitUS 9,940,972
  • 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
  • PTAB · Oct 17, 2025 · IPR2025-01067 · APJ Coke Morgan Stewart · IPR · Director review

    The Director denied institution under § 314(a), finding Patent Owner’s strong settled expectations favored discretionary denial.

    RulingsDirector review decision
    • Settled expectationsInstitution denied settled expectationsDenied

      “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, 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 9,070,374

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