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  • PTAB · 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 denial
    Patents in suitUS 12,168,036
  • Pgr2026-00039Institution denied
    PTAB · Aug 6, 2026 · PGR2026-00039 · APJ John A Squires · PGR · Director review

    The Director denied institution of PGR2026-00039 after discretionary review; the opinion explaining the denial is forthcoming.

    RulingsDirector review decision
    • Director reviewDirector review, deniedDenied

      “Before JOHN A. SQUIRES, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. NOTICE Pursuant to 35 U.S.C. § 314(a) and 324(a), after review of discretionary and non-merits considerations, institution of inter partes review and post-grant review is denied in the following proceedings: IPR2026-00295 IPR2026-00297 PGR2026-00023* IPR2026-00296 PGR2026-00039* IPR2026-00330 Pursuant to 35 U.S.C. §§ 314(a), after review of discretionary” slip op. at 1

    Discretionary denial
    Patents in suitUS 12,168,036
  • Pgr2026-00023Institution denied
    PTAB · Aug 6, 2026 · PGR2026-00023 · APJ John A Squires · PGR · Director review

    The Director denied institution of PGR2026-00023 after discretionary review; the accompanying notice states that opinions for the listed discretionary denials are forthcoming.

    RulingsDirector review decision
    • Other 314aInstitution denied discretionary otherDenied

      “NOTICE Pursuant to 35 U.S.C. § 314(a) and 324(a), after review of discretionary and non-merits considerations, institution of inter partes review and post-grant review is denied in the following proceedings: IPR2026-00295 IPR2026-00297 PGR2026-00023* IPR2026-00296 PGR2026-00039* IPR2026-00330 Pursuant to 35 U.S.C. §§ 314(a), after review of discretionary” slip op. at 1

    Discretionary denial
    Patents in suitUS 12,370,716
  • Pgr2026-00021Institution denied
    PTAB · May 19, 2026 · PGR2026-00021 · APJ John A Squires · PGR · Director review

    The Director denied institution in PGR2026-00021 after discretionary review; the notice does not identify challenged claims or a specific discretionary ground.

    RulingsDirector review decision
    • Director reviewDirector review, deniedDenied

      “Before JOHN A. SQUIRES, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. NOTICE Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of discretionary and non-merits considerations, institution of inter partes review and post-grant review is denied in the following proceedings: IPR2026-00200 IPR2026-00202 IPR2026-00223 IPR2026-00201 IPR2026-00221 PGR2026-000211 Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of” slip op. at 1

    Discretionary denial
    Patents in suitUS 12,280,146
  • Pgr2025-00087Institution denied
    PTAB · May 15, 2026 · PGR2025-00087 · APJ John A Squires · PGR · Director review

    The Director denied institution of post-grant review in PGR2025-00087 after reviewing discretionary and non-merits considerations.

    RulingsDirector review decision
    • Director reviewDirector review, deniedDenied

      “NOTICE Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of discretionary and non-merits considerations, institution of post-grant review is denied in the following proceedings: PGR2025-00087 Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of” slip op. at 1

    Discretionary denial
    Patents in suitUS 12,371,685
  • Pgr2026-00008Institution denied
    PTAB · Apr 6, 2026 · PGR2026-00008 · APJ John A Squires · PGR · Director review

    The Director denied institution of PGR2026-00008 after finding that the petitioner failed to meet the merits threshold.

    RulingsDirector review decision
    • Director reviewDirector review, deniedDenied

      “merits, the petitioner has failed to show a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as appropriate. Accordingly, institution of inter partes review or post-grant review is denied in the following proceedings: IPR2026-00070 PGR2026-00008 Pursuant to 35 U.S.C. § 314(a), after review of the merits, the” slip op. at 1

    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied

      “merits, the petitioner has failed to show a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as appropriate. Accordingly, institution of inter partes review or post-grant review is denied in the following proceedings: IPR2026-00070 PGR2026-00008 Pursuant to 35 U.S.C. § 314(a), after review of the merits, the” slip op. at 1

    None
    Patents in suitUS 12,337,715
  • Pgr2026-00001Institution denied
    PTAB · Mar 23, 2026 · PGR2026-00001 · APJ John A Squires · PGR · Director review

    The Director denied institution in PGR2026-00001 after review of discretionary and non-merits considerations.

    RulingsDirector review decision
    • Director reviewDirector review, deniedDenied

      “NOTICE Pursuant to 35 U.S.C. § 314(a) and § 324(a), after review of discretionary and non-merits considerations, institution of inter partes review or post-grant review is denied in the following proceedings: IPR2025-014821 IPR2026-000971 IPR2026-00153 IPR2025-01601 IPR2026-00141 IPR2026-00154 IPR2025-01602 IPR2026-00142 PGR2026-000011 IPR2025-01604 IPR2026-00144 IPR2026-000181” slip op. at 1

    Discretionary denial
    Patents in suitUS 12,373,366
  • Pgr2026-00009Institution denied
    PTAB · Mar 10, 2026 · PGR2026-00009 · APJ John A Squires · PGR · Director review

    The Director discretionarily denied institution of PGR2026-00009 after reviewing discretionary and non-merits considerations.

    RulingsDirector review decision
    • Director reviewDirector review, deniedDenied

      “NOTICE Pursuant to 35 U.S.C. § 314(a) and § 324(a), after review of discretionary and non-merits considerations, institution of inter partes review or post-grant review is denied in the following proceedings:” slip op. at 1

    Discretionary denial
    Patents in suitUS 12,324,873
  • Pgr2026-00006Institution denied
    PTAB · Mar 10, 2026 · PGR2026-00006 · APJ John A Squires · PGR · Director review

    The Director discretionarily denied institution of PGR2026-00006 after reviewing discretionary and non-merits considerations.

    RulingsDirector review decision
    • Director reviewDirector review, deniedDenied

      “NOTICE Pursuant to 35 U.S.C. § 314(a) and § 324(a), after review of discretionary and non-merits considerations, institution of inter partes review or post-grant review is denied in the following proceedings:” slip op. at 1

    • PTAB / AIA Trials › Discretionary denialInstitution denied discretionary otherInstitution denied

      “NOTICE Pursuant to 35 U.S.C. § 314(a) and § 324(a), after review of discretionary and non-merits considerations, institution of inter partes review or post-grant review is denied in the following proceedings:” slip op. at 1

    Discretionary denial
    Patents in suitUS 12,377,204
  • Pgr2025-00078Institution denied
    PTAB · Mar 10, 2026 · PGR2025-00078 · APJ John A Squires · PGR · Director review

    The Director discretionarily denied institution of PGR2025-00078 in view of Revvo Technologies, Inc. v. Cerebrum Sensor Technologies, Inc.

    RulingsDirector review decision
    • Director reviewDirector review, deniedDenied

      “NOTICE Pursuant to 35 U.S.C. § 314(a) and § 324(a), after review of discretionary and non-merits considerations, institution of inter partes review or post-grant review is denied in the following proceedings:” slip op. at 1

    Discretionary denial
    Patents in suitUS 12,171,916
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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.