- 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
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