- Biocon Biologics, Inc. / Biocon Biologics Limited v. Regeneron Pharmaceuticals, Inc.Institution deniedPTAB · Sep 24, 2026 · PGR2026-00039 · APJ John A Squires · PGR · Director review
The Director denied the petition and instituted no trial because it was filed more than nine months after the patent issued, contrary to § 321(c).
RulingsDirector review decision- PTAB / AIA Trials › §315(b) time barInstitution denied time barDenied
“I agree with Patent Owner that the Petition is barred by § 321(c). Section 321(c) provides that “[a] petition for a post-grant review may only be filed not later than the date that is 9 months after the date of the grant of the patent or of the issuance of a reissue patent (as the case may be).” Joinder is authorized under 35 U.S.C. § 325(c), which provides that “[i]f more than 1 petition for a post-grant review under this chapter is properly filed against the same patent and the Director determines that more than 1 of these petitions warrants the institution of a post-grant review under section 324, the Director may consolidate such reviews into a single post-grant review.” Notably, the statutory authorization for joinder under § 325(c) does not provide an exception to the nine-month statutory bar, as it requires any petition considered for joinder to be “properly filed,” i.e., to meet the statutory filing requirements including the nine-month filing deadline recited in § 321(c). Petitioner argues that I have broad discretion to promulgate rules and permit exceptions, such as here where institution would increase efficiency. See Reply 2–3. I agree that my institution discretion is broad. But § 325(c) provides no exception to the time period in which a petition for post-grant review may be filed.1 The board rule on which Petitioner relies cannot override a clear statutory requirement, and Petitioner does not point” slip op. at 3
- PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingJoinder, deniedDenied
“Section 321(c) provides that “[a] petition for a post-grant review may only be filed not later than the date that is 9 months after the date of the grant of the patent or of the issuance of a reissue patent (as the case may be).” Joinder is authorized under 35 U.S.C. § 325(c), which provides that “[i]f more than 1 petition for a post-grant review under this chapter is properly filed against the same patent and the Director determines that more than 1 of these petitions warrants the institution of a post-grant review under section 324, the Director may consolidate such reviews into a single post-grant review.” Notably, the statutory authorization for joinder under § 325(c) does not provide an exception to the nine-month statutory bar, as it requires any petition considered for joinder to be “properly filed,” i.e., to meet the statutory filing requirements including the nine-month filing deadline recited in § 321(c). Petitioner argues that I have broad discretion to promulgate rules and permit exceptions, such as here where institution would increase efficiency. See Reply 2–3. I agree that my institution discretion is broad. But § 325(c) provides no exception to the time period in which a petition for post-grant review may be filed.1 The board rule on which Petitioner relies cannot override a clear statutory requirement, and Petitioner does not point 1 Although the Office continues to encourage joinder and early challenges to increase efficiency and resolve patentability challenges early in the life of the patent, these considerations must follow the statute.” slip op. at 3
Discretionary denialPatents in suitUS 12,168,036 - Google LLC v. Soundclear Technologies LLCInstitution deniedPTAB · Mar 17, 2026 · IPR2025-01597 · APJ John A Squires · IPR · Institution
The Director denied Google’s petition for IPR of claims 1–5 because Google filed it after the § 315(b) deadline and showed no exceptional circumstances.
RulingsInstitution decision- PTAB / AIA Trials › §315(b) time barInstitution denied time barInstitution denied
“is acknowledged. Google’s statutory deadline to file a proceeding, however, expired on July 31, 2025, one year after service of the complaint in the parallel litigation between Google and SoundClear Technologies LLC. See Pet. 75. Accordingly, Google’s Petition was filed more than one year after the date on which it was served with a complaint alleging infringement of the ’337 patent and Google is time-barred from filing a petition under § 315(b). “Petitions filed by time-barred parties should proceed only in exceptional circumstances.” Realtek Semiconductor Corp. v. ParkerVision, Inc., IPR2025-00324, Paper 11 (June 25, 2025) (designated precedential January 9, 2026). Google does not present an exceptional circumstance here beyond its goal of judicial efficiency. Judicial efficiency, however, absent other considerations, does not qualify as an exceptional circumstance that would justify institution and joinder of a time-barred party. The better course in a situation like this would have been for Google to file the petition and motion for joinder before the statutory time bar. Here, the Amazon IPR was filed in January 2025, giving Google ample time to file the petition and joinder motion. Parties do not have to wait to request joinder until the case they are seeking to join is instituted. Accordingly, the Petition is denied under 35 U.S.C. § 314(a).” slip op. at 2
Discretionary denialPatents in suitUS 11,069,337 - Freightcar America, Inc. v. National Steel Car LimitedInstitution deniedPTAB · Oct 10, 2025 · IPR2025-01048 · APJ Coke Morgan Stewart · IPR · Director review
The Director denied institution in IPR2025-01048 because it was a second, lower-ranked petition challenging the ’515 patent while the higher-ranked petition was referred to the Board.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › General Plastic (serial petitions)Institution denied general plasticDenied
“The Petition in IPR2025-01048 is the second petition filed by Petitioner against the ’515 patent, and Petitioner ranks the Petition in IPR2025-01047 above the Petition in IPR2025-01048. See IPR2025-01047, Paper 2, 5. In view of this, and the determination to refer the Petition in IPR2025-01047 to the Board, discretionary denial of IPR2025-01048 is appropriate.” slip op. at 4
- Director reviewOther
“After considering the parties’ arguments and the record, and in view of all relevant considerations, discretionary denial of institution is not appropriate in IPR2025-01046 and IPR2025-01047 but is appropriate in IPR2025-01048. This determination is based on the totality of the evidence and arguments the parties have presented.” slip op. at 2
Discretionary denialPatents in suitUS 8,132,515 - 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 - Alliance Laundry Systems, LLC v. Payrange LLCInstitution deniedPTAB · Sep 19, 2025 · IPR2025-00950 · APJ Coke Morgan Stewart · IPR · Director review
The Director granted Patent Owner’s discretionary-denial request and denied institution under § 314(a), citing the third petition, prior merits denials, road-mapping concerns, and settled expectations.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › General Plastic (serial petitions)Denied
“Other considerations, however, favor discretionary denial. In particular, this is the third petition involving the challenged patent. Both of the prior petitions were denied based on the merits. See Kiosoft Techs., LLC v. PayRange Inc., PGR2021-00084, Paper 12 (PTAB Dec. 16, 2021) (“Kiosoft PGR”); CSC ServiceWorks, Inc. v. PayRange Inc., IPR2023-01188 (PTAB Jan. 24, 2024). Petitioner states that it “relies on the same reference, Breitenbach, as a primary reference for both of its grounds of invalidity” that was used in the Kiosoft PGR. DD Opp. 4. Petitioner further states that “the present Petition addresses and cures any purported deficiencies with Breitenbach by relying on additional references Brown and Kaspar.” DD Opp. 36. 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 2
- Settled expectationsDenied
“In addition, although the challenged patent has not been in force for a significant period of time (issued in 2021), Patent Owner presents evidence that it has licensed the challenged patent, which creates some settled expectations favoring Patent Owner. DD Req. 3. The considerations favoring discretionary denial outweigh those that counsel against it.” slip op. at 3
- Other 314aInstitution denied discretionary otherDenied
“example, the co-pending district court litigation was stayed on September 10, 2025. See Ex. 1026. As such, it is likely that a final written decision in this proceeding will issue before district court trial occurs.” slip op. at 2
Discretionary denialPatents in suitUS 10,891,608 - Amazon Web Services, Inc. v. Croga Innovations, Ltd.Institution deniedPTAB · Sep 3, 2025 · IPR2025-00884 · 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.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › General Plastic (serial petitions)Institution denied general plasticDenied
“However, this is the fourth petition for inter partes review involving the challenged patent. One petition was voluntarily dismissed prior to institution, and in the other two the Board denied institution on the merits. See Fortinet v. Croga Innovations Ltd., IPR2025-00086, Paper 9 at 20–21 (PTAB Mar. 27, 2025); Cisco Sys., Inc. v. Croga Innovations Ltd., IPR2024- 01196, Paper 7 at 17, 21 (PTAB Feb. 13, 2025). Here, Petitioner states that its Petition “addresses the precise deficiency identified by the Board in denying the earlier petitions.” DD Opp. 13. Petitioner’s admission raises concerns of roadmaping and weighs in favor of discretionary denial.” slip op. at 2
- Other 314aInstitution denied discretionary otherDenied
“Furthermore, an ex parte reexamination has been ordered on the challenged patent, and the Office has issued a final rejection on the challenged claims. DD Opp. 2; Ex. 2003. It is not an appropriate use of Office resources to review a patent in two separate, concurrent Office proceedings, especially when the reexamination is in an advanced stage. Accordingly, discretionary denial is appropriate. 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 10,601,780 - Advanced Micro Devices, Inc. v. Advanced Cluster Systems, Inc.Institution deniedPTAB · 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 denialPatents in suitUS 10,333,768 - Advanced Micro Devices, Inc. v. Advanced Cluster Systems, Inc.Institution deniedPTAB · 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 denialPatents in suitUS 10,333,768 - Zhuhai Cosmx Battery Co., Ltd. v. Ningde Amperex Technology LimitedInstitution deniedPTAB · Sep 3, 2025 · IPR2025-00722 · APJ Coke Morgan Stewart · IPR · Director review
The Director denied institution of IPR2025-00722 under §314(a), citing the repeat challenge to the same patent and Petitioner’s lower ranking of this petition.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › General Plastic (serial petitions)Institution denied general plasticInstitution denied
“IPR2025-00722 presents different circumstances. The Petition in IPR2025-00722 is the second petition filed by Petitioner against U.S. Patent No. 11,799,131, which is also the subject of IPR2025-00431. Repeat challenges weigh against institution. In addition, Petitioner ranks the 1 Citations are to papers in IPR2025-00524. The parties filed similar papers in IPR2025-00722. petition in IPR2025-00431 above the Petition in IPR2025-00722. See IPR2025-00722, Paper 3, 5. These considerations favor discretionary denial.” slip op. at 2
Discretionary denialPatents in suitUS 11,799,131 - Walmart Inc. / Walmart Stores Texas, LLC v. Security Technology LLCInstitution deniedPTAB · Aug 14, 2025 · IPR2025-00809 · APJ Coke Morgan Stewart · IPR · Director review
The Director denied institution of Walmart’s petition because Walmart was time-barred and did not show exceptional circumstances justifying joinder.
RulingsDirector review decision- PTAB / AIA Trials › §315(b) time barInstitution denied time barDenied
“infringement of the challenged patent on September 15, 2023. DD Req. 14. Petitioner waited until March 28, 2025 to file this Petition, more than eighteen months later. Thus, Petitioner is time-barred under 35 U.S.C. § 315(b) from filing a petition. Petitioner seeks to join a recently instituted inter partes review filed by Home Depot U.S.A., Inc. Paper 3 (motion to join to IPR2024-01420). However, petitions filed by time-barred parties should proceed only in exceptional circumstances. Realtek Semiconductor Corp. v. ParkerVision, Inc., IPR2025-00324, Paper 11 at 3 (Director June 25, 2025). Petitioner does not persuasively demonstrate exceptional circumstances here. For example, Petitioner argues that Patent Owner requested consolidation of its district court proceedings against Petitioner and Home Depot; that an initial district court proceeding was dismissed for standing, causing delays; and that the parallel district court proceeding is stayed. Paper 19, 3. However, Petitioner fails to persuasively demonstrate that these circumstances are exceptional and justify the joinder of a time-barred party. Accordingly, discretionary denial is appropriate under these circumstances.” slip op. at 2
- PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingDenied
“infringement of the challenged patent on September 15, 2023. DD Req. 14. Petitioner waited until March 28, 2025 to file this Petition, more than eighteen months later. Thus, Petitioner is time-barred under 35 U.S.C. § 315(b) from filing a petition. Petitioner seeks to join a recently instituted inter partes review filed by Home Depot U.S.A., Inc. Paper 3 (motion to join to IPR2024-01420). However, petitions filed by time-barred parties should proceed only in exceptional circumstances. Realtek Semiconductor Corp. v. ParkerVision, Inc., IPR2025-00324, Paper 11 at 3 (Director June 25, 2025). Petitioner does not persuasively demonstrate exceptional circumstances here. For example, Petitioner argues that Patent Owner requested consolidation of its district court proceedings against Petitioner and Home Depot; that an initial district court proceeding was dismissed for standing, causing delays; and that the parallel district court proceeding is stayed. Paper 19, 3. However, Petitioner fails to persuasively demonstrate that these circumstances are exceptional and justify the joinder of a time-barred party. Accordingly, discretionary denial is appropriate under these circumstances.” slip op. at 2
- Other 314aInstitution denied discretionary otherInstitution denied
“infringement of the challenged patent on September 15, 2023. DD Req. 14. Petitioner waited until March 28, 2025 to file this Petition, more than eighteen months later. Thus, Petitioner is time-barred under 35 U.S.C. § 315(b) from filing a petition. Petitioner seeks to join a recently instituted inter partes review filed by Home Depot U.S.A., Inc. Paper 3 (motion to join to IPR2024-01420). However, petitions filed by time-barred parties should proceed only in exceptional circumstances. Realtek Semiconductor Corp. v. ParkerVision, Inc., IPR2025-00324, Paper 11 at 3 (Director June 25, 2025). Petitioner does not persuasively demonstrate exceptional circumstances here. For example, Petitioner argues that Patent Owner requested consolidation of its district court proceedings against Petitioner and Home Depot; that an initial district court proceeding was dismissed for standing, causing delays; and that the parallel district court proceeding is stayed. Paper 19, 3. However, Petitioner fails to persuasively demonstrate that these circumstances are exceptional and justify the joinder of a time-barred party. Accordingly, discretionary denial is appropriate under these circumstances. 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 11,562,402
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.