- Viance, LLC v. Koppers Performance Chemicals, Inc.Institution deniedPTAB · Aug 19, 2026 · PGR2026-00023 · APJ John A Squires · PGR · Director review
The Director denied the PGR petition and instituted no trial because Petitioner failed to identify Venator as a real party in interest within the statutory filing period.
RulingsDirector review decision- PTAB / AIA Trials › Real party in interest / privityInstitution denied rpiDecided for patent owner
“However, as I previously explained, RPIs are not limited to entities that are actually funding and controlling the proceeding but include entities that have the ability to control the proceeding. See Tianma, IPR2025-01579, Paper 12 at 9–10. Petitioner argues that its two owners do not have unilateral control of Petitioner. However, unilateral control is not the standard, and control of Petitioner is vested solely in its two owners as members of the Board of Directors. See Moyes Decl. ¶ 7. Accordingly, I am not persuaded that Venator and Lanxess do not have the ability to control” slip op. at 3
- PTAB / AIA Trials › §315(b) time barDecided for patent owner
“Patent Owner further argues that Petitioner cannot correct its RPI listing because adding an RPI would require a new filing date that places the Petition outside the 9-month window for filing a PGR. DD Opp. 11–12 (citing Corning, IPR20214-00440, Paper 68 at 24). Patent Owner is correct. See Sun Pharm. Indus., Inc. v. Biofrontera, Inc., PGR2026-00021, Paper 12 at 4 (Director May 26, 2026) (denying PGR petition because Petitioner did not meet the requirement to name all RPI within the statutory timeframe for filing a PGR petition). Accordingly, this Petition is denied, and Petitioner may file an IPR petition listing the appropriate real parties in interest.3” slip op. at 4
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied rpiInstitution denied
“listing because adding an RPI would require a new filing date that places the Petition outside the 9-month window for filing a PGR. DD Opp. 11–12 (citing Corning, IPR20214-00440, Paper 68 at 24). Patent Owner is correct. See Sun Pharm. Indus., Inc. v. Biofrontera, Inc., PGR2026-00021, Paper 12 at 4 (Director May 26, 2026) (denying PGR petition because Petitioner did not meet the requirement to name all RPI within the statutory timeframe for filing a PGR petition). Accordingly, this Petition is denied, and Petitioner may file an IPR petition listing the appropriate real parties in interest.3 In consideration of the foregoing, it is: ORDERED that the Petition is denied, and no trial is instituted.” slip op. at 4
Discretionary denialPatents in suitUS 12,370,716 - Apple, Inc. v. Wecrevention, Inc.Institution deniedPTAB · Jun 24, 2026 · IPR2026-00242 · APJ John A Squires · IPR · Director review
The Director denied the petitions and instituted no trial, exercising discretion based on Petitioner’s unexplained inconsistent claim-construction positions before the Board and district court.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denialInstitution denied discretionary otherInstitution denied
“As I have indicated previously, petitioners should be presenting a single construction and applying that construction consistently. See Infineon Techs. Americas Corp. v. Mosaid Techs. Corp., IPR2025-01456, Paper 27 at 3–4 (Director Mar. 17, 2026). Failure to do so, without adequate explanation, is problematic and raises concerns of strategic litigation behavior spill-over into the PTAB inconsistent with Congress’s intent to provide a quick and cost-effective alternative to district court litigation. Id.; Revvo, Paper 20 at 3–4; see H.R. Rep. No. 112-98 at 48 (2011). Here, Petitioner offers no explanation for its divergent positions.” slip op. at 3
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededDecided for patent owner
“As I have indicated previously, petitioners should be presenting a single construction and applying that construction consistently. See Infineon Techs. Americas Corp. v. Mosaid Techs. Corp., IPR2025-01456, Paper 27 at 3–4 (Director Mar. 17, 2026). Failure to do so, without adequate explanation, is problematic and raises concerns of strategic litigation behavior spill-over into the PTAB inconsistent with Congress’s intent to provide a quick and cost-effective alternative to district court litigation. Id.; Revvo, Paper 20 at 3–4; see H.R. Rep. No. 112-98 at 48 (2011). Here, Petitioner offers no explanation for its divergent positions.” slip op. at 3
Claim constructionDiscretionary denialPatents in suitUS 11,894,098 - Sun Pharmaceutical Industries, Inc. v. Biofrontera Inc.Institution deniedPTAB · May 26, 2026 · PGR2026-00021 · APJ John A Squires · PGR · Director review
The Director denied Sun Pharmaceutical Industries’ PGR petition because it failed to show that it had identified all real parties in interest.
RulingsDirector review decision- PTAB / AIA Trials › Real party in interest / privityInstitution denied rpiDecided for patent owner
“As I previously explained, RPIs are not limited to entities that are actually funding and controlling the proceeding, but include entities that have the ability to control the proceeding. See Tianma Microelectronics (Director Mar. 18, 2026) (precedential) (“With its identification of RPIs in dispute, it is Petitioner’s burden to bring forth evidence or arguments demonstrating that it had named all RPIs—and that none were foreign governments or entities a foreign government had the ability to control.”); see also Worlds Inc. v. Bungie, Inc., 903 F.3d 1237, 1244–45 (Fed. Cir. 2018) (remanding to the Board to further consider RPI where the patent owner identified an unnamed party with the “opportunity to control” the proceeding). Petitioner has not provided sufficient evidence that SPI Ltd., the corporate parent and 100% owner of SPI Inc., does not have the ability to control the proceeding. Rather, Petitioner’s declaration evidence is focused on whether SPI Inc. is actually funding or controlling the proceeding. See Ex. 1021 ¶ 4 (“SPI Inc. is an indirect wholly-owned subsidiary of Sun Pharmaceutical Industries, Ltd.”). On this record, Petitioner fails to carry its burden to establish that it has identified all RPIs.” slip op. at 2
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied
“(Director Mar. 18, 2026) (precedential) (“With its identification of RPIs in dispute, it is Petitioner’s burden to bring forth evidence or arguments demonstrating that it had named all RPIs—and that none were foreign governments or entities a foreign government had the ability to control.”); see also Worlds Inc. v. Bungie, Inc., 903 F.3d 1237, 1244–45 (Fed. Cir. 2018) (remanding to the Board to further consider RPI where the patent owner identified an unnamed party with the “opportunity to control” the proceeding). Petitioner has not provided sufficient evidence that SPI Ltd., the corporate parent and 100% owner of SPI Inc., does not have the ability to control the proceeding. Rather, Petitioner’s declaration evidence is focused on whether SPI Inc. is actually funding or controlling the proceeding. See Ex. 1021 ¶ 4 (“SPI Inc. is an indirect wholly-owned subsidiary of Sun Pharmaceutical Industries, Ltd.”). On this record, Petitioner fails to carry its burden to establish that it has identified all RPIs.” slip op. at 3
Discretionary denialPatents in suitUS 12,280,146 - Cybersecure Ips, LLC v. Network Integrity Systems, Inc.Institution deniedPTAB · May 26, 2026 · IPR2025-01441 · APJ John A Squires · IPR · Institution
The Director denied institution of IPR challenging claims 1–5 and 8–16, despite finding two claims met the institution threshold, because a trial would not efficiently use Board resources.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“Petitioner’s third ground challenging claims 8 and 12 meets the reasonable likelihood threshold for institution, in part because it relies on a reference that expressly discloses detecting movement. See id. at 73–74. Petitioner’s remaining grounds, however, fail to meet the reasonable likelihood standard. Petitioner makes inherency arguments relying on expert testimony, but does not explain sufficiently how the prior art inherently discloses the detecting movement limitation. See id. at 7, 33, 59–60, 92–93; Ex. 1003 ¶ 59.” slip op. at 2
- Other 314aInstitution denied discretionary otherInstitution denied
“At most, the challenges to only two of the fourteen challenged claims meet the reasonable likelihood standard for institution. Under these circumstances, institution of trial would not be an efficient use of Board resources. Factors such as the efficient administration of the Office, coupled with the ability of the Office to timely complete its work, by their nature, center broadly on the Office, the patent system, and the public interest and, thus, inform my exercise of discretion. See, e.g., Chevron Oronite Co v. Infineum USA, IPR2018-00923, Paper 9 at 10–11 (PTAB Nov. 7, 2018) (informative) (determining that instituting a trial was “not an efficient use of the Board’s time and resources” where only two of twenty challenged claims met the reasonable likelihood standard).” slip op. at 2
Discretionary denialPatents in suitUS 7,706,641 - Google LLC v. Secure Communication Technologies, LLCInstitution deniedPTAB · May 15, 2026 · IPR2026-00099 · APJ John A Squires · IPR · Director review
The Director denied Google’s petition and instituted no trial, exercising discretion based on the complete record and holistic assessment, including settled expectations.
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsDenied
“Petitioner’s arguments are not persuasive. Petitioner was aware of the challenged patent no later than February 2012, and Patent Owner specifically identified the patent as being of interest to mobile commerce providers. See Ex. 2004. Petitioner cited the challenged patent to the Office during prosecution of Petitioner’s own Application No. 13/716,675 in December 2012. See Ex. 2007. Application No. 13/716,675 is titled “Methods and Systems for Efficient Discovery of Devices in a Peer-to-Peer Network.” See Ex. 2006. Efficient discovery of devices in a peer-to-peer network appears to be relevant to both retail operations and the finding and tracking of personal electronic devices. Accordingly, Petitioner’s own actions indicate it was aware that the challenged patent was relevant to its technology space.” slip op. at 3
- PTAB / AIA Trials › Discretionary denial › §325(d) same art / argumentsDecided for patent owner
“Finally, I do not agree with Petitioner’s assertion that the Office committed a material error during prosecution. While demonstrating error is usually one of the strongest considerations weighing against discretionary denial, here Petitioner’s material error argument is weak. Petitioner points to the notice of allowance, and focuses on a single phrase that appears in a rather long listing of limitations the examiner indicated were missing from the prior art. DD Opp. 2–3. According to Petitioner, the phrase “first, direct, short range separate local wireless link” never existed in the claims. Id. at 4. However, Petitioner acknowledges that the phrase “via a separate local wireless link” was part of the claims, as was the phrase “first, direct, short range” local wireless link. Id. Although the ultimate listing in the notice of allowance may constitute a clerical error, Petitioner has not demonstrated sufficiently that this error was material to the patentability of the challenged claims, especially considering the number of other limitations listed in the notice of allowance that the examiner determined to be missing from the reviewed prior art. Petitioner does not address those limitations in its error arguments. Id. at 3–6.” slip op. at 3
Discretionary denialPatents in suitUS 8,116,749 - Samsung Electronics Co., Ltd. / Samsung Electronics America, Inc. et al. v. Omni Medsci, Inc.Institution deniedPTAB · May 14, 2026 · IPR2025-01253 · APJ John A Squires · IPR · Director review
The Director vacated institution and denied the IPR petition because the patent was determined eligible for PGR and therefore not eligible for IPR.
RulingsDirector review decision- Director reviewDirector review, grantedDecided for patent owner
“Given my determination in PGR2026-00003 as to the ’790 patent’s PGR eligibility, and because a patent cannot be both PGR eligible and IPR eligible at the same time, it is appropriate to vacate institution of this IPR. See, e.g., Philip Morris Prods., S.A. v. RAI Strategic Holdings, Inc., IPR2020-01188, Paper 12 at 10–12 (PTAB Jan. 13, 2021); Paper 6, 3 n.2 (Samsung acknowledging that the ’790 patent is not eligible for simultaneous IPR and PGR). Accordingly, it is: ORDERED that the Notice granting institution of inter partes review (Paper 19) is vacated; and FURTHER ORDERED that the Petition is denied, and no trial is instituted.” slip op. at 3
Discretionary denialPatents in suitUS 12,193,790 - Ford Motor Company v. Autoconnect Holdings LLCInstitution deniedPTAB · May 12, 2026 · IPR2025-01524 · APJ John A Squires · IPR · Director review
Director Review was granted, institution was vacated, and IPR was denied because Petitioner advanced broader indefiniteness arguments in related litigation.
RulingsDirector review decision- Director reviewDirector review, grantedGranted
“As I recently explained, it is appropriate to deny institution when a Petitioner’s conduct demonstrates that the dispute “is less about a litigation alternative and more about inconsistent positions to gain an upper hand in the overall litigation.” Terumo BCT Inc. v. Haemonetics Corp., IPR2025- 01374, Paper 20 (Director May 12, 2026). Here, as in Terumo, Petitioner advanced indefiniteness contentions in the co-pending district court litigation at its first opportunity to do so after institution was granted. See Paper 15, 1–2 (listing seven allegedly indefinite terms and phrases impacting all challenged claims). Although Petitioner contends that its unpatentability arguments for the “and/or” and “one or more” claim limitations fit within the Tesla framework, i.e., that the prior art discloses the claimed features regardless of how those limitations are construed, Petitioner’s indefiniteness contentions are broader than those two limitations. See, e.g., Paper 15, 1–2; IPR2025-01383, Paper 9 at 8–10. Thus, it is appropriate to deny institution of these IPRs for the same reasons as articulated in Terumo.” slip op. at 3
- Other 314aInstitution denied discretionary otherInstitution denied
“As I recently explained, it is appropriate to deny institution when a Petitioner’s conduct demonstrates that the dispute “is less about a litigation alternative and more about inconsistent positions to gain an upper hand in the overall litigation.” Terumo BCT Inc. v. Haemonetics Corp., IPR2025- 01374, Paper 20 (Director May 12, 2026). Here, as in Terumo, Petitioner advanced indefiniteness contentions in the co-pending district court litigation at its first opportunity to do so after institution was granted. See Paper 15, 1–2 (listing seven allegedly indefinite terms and phrases impacting all challenged claims). Although Petitioner contends that its unpatentability arguments for the “and/or” and “one or more” claim limitations fit within the Tesla framework, i.e., that the prior art discloses the claimed features regardless of how those limitations are construed, Petitioner’s indefiniteness contentions are broader than those two limitations. See, e.g., Paper 15, 1–2; IPR2025-01383, Paper 9 at 8–10. Thus, it is appropriate to deny institution of these IPRs for the same reasons as articulated in Terumo. In its briefing, Petitioner states that it will stipulate to withdraw all indefiniteness arguments against the challenged patents from the related litigation if the Board agrees to maintain and not vacate institution of these IPRs. Paper 16, 2. This stipulation, which Petitioner offered only after Petitioner’s actions ran afoul of Revvo and Tesla and only after Patent Owner brought those actions to the Office’s attention, is insufficient.” slip op. at 3
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied discretionary otherInstitution denied
“Accordingly, the appropriate course of action is to grant Director Review, vacate the Notices granting institution, and deny institution.3 It is: ORDERED that Director Review is granted; FURTHER ORDERED that the Notices granting institution of inter partes review (Paper 11; IPR2025-01383, Paper 12; IPR2025-01524, Paper 10) are vacated; and FURTHER ORDERED that the Petitions are denied, and no trials are instituted.” slip op. at 4
Discretionary denialPatents in suitUS 9,123,186 - Ford Motor Company v. Autoconnect Holdings LLCInstitution deniedPTAB · May 12, 2026 · IPR2025-01383 · APJ John A Squires · IPR · Director review
Director review was granted, the institution notices were vacated, and institution was denied because Petitioner advanced inconsistent claim positions in parallel litigation.
RulingsDirector review decision- Other 314aInstitution denied discretionary otherInstitution denied
“As I recently explained, it is appropriate to deny institution when a Petitioner’s conduct demonstrates that the dispute “is less about a litigation alternative and more about inconsistent positions to gain an upper hand in the overall litigation.” Terumo BCT Inc. v. Haemonetics Corp., IPR2025- 01374, Paper 20 (Director May 12, 2026). Here, as in Terumo, Petitioner advanced indefiniteness contentions in the co-pending district court litigation at its first opportunity to do so after institution was granted. See Paper 15, 1–2 (listing seven allegedly indefinite terms and phrases impacting all challenged claims). Although Petitioner contends that its unpatentability arguments for the “and/or” and “one or more” claim limitations fit within the Tesla framework, i.e., that the prior art discloses the claimed features regardless of how those limitations are construed, Petitioner’s indefiniteness contentions are broader than those two limitations. See, e.g., Paper 15, 1–2; IPR2025-01383, Paper 9 at 8–10. Thus, it is appropriate to deny institution of these IPRs for the same reasons as articulated in Terumo. In its briefing, Petitioner states that it will stipulate to withdraw all indefiniteness arguments against the challenged patents from the related litigation if the Board agrees to maintain and not vacate institution of these IPRs. Paper 16, 2. This stipulation, which Petitioner offered only after Petitioner’s actions ran afoul of Revvo and Tesla and only after Patent Owner brought those actions to the Office’s attention, is insufficient.” slip op. at 3
- Director reviewDirector review, grantedGranted
“Accordingly, the appropriate course of action is to grant Director Review, vacate the Notices granting institution, and deny institution.3 It is: ORDERED that Director Review is granted; FURTHER ORDERED that the Notices granting institution of inter partes review (Paper 11; IPR2025-01383, Paper 12; IPR2025-01524, Paper 10) are vacated; and FURTHER ORDERED that the Petitions are denied, and no trials are instituted.” slip op. at 4
Discretionary denialPatents in suitUS 9,290,153 - Ford Motor Company v. Autoconnect Holdings LLCInstitution deniedPTAB · May 12, 2026 · IPR2025-01342 · APJ John A Squires · IPR · Director review
Director Review was granted, the institution notices were vacated, and institution was denied because Ford advanced broader indefiniteness positions in related litigation.
RulingsDirector review decision- Other 314aInstitution denied discretionary otherInstitution denied
“As I recently explained, it is appropriate to deny institution when a Petitioner’s conduct demonstrates that the dispute “is less about a litigation alternative and more about inconsistent positions to gain an upper hand in the overall litigation.” Terumo BCT Inc. v. Haemonetics Corp., IPR2025- 01374, Paper 20 (Director May 12, 2026). Here, as in Terumo, Petitioner advanced indefiniteness contentions in the co-pending district court litigation at its first opportunity to do so after institution was granted. See Paper 15, 1–2 (listing seven allegedly indefinite terms and phrases impacting all challenged claims). Although Petitioner contends that its unpatentability arguments for the “and/or” and “one or more” claim limitations fit within the Tesla framework, i.e., that the prior art discloses the claimed features regardless of how those limitations are construed, Petitioner’s indefiniteness contentions are broader than those two limitations. See, e.g., Paper 15, 1–2; IPR2025-01383, Paper 9 at 8–10. Thus, it is appropriate to deny institution of these IPRs for the same reasons as articulated in Terumo. In its briefing, Petitioner states that it will stipulate to withdraw all indefiniteness arguments against the challenged patents from the related litigation if the Board agrees to maintain and not vacate institution of these IPRs. Paper 16, 2. This stipulation, which Petitioner offered only after Petitioner’s actions ran afoul of Revvo and Tesla and only after Patent Owner brought those actions to the Office’s attention, is insufficient.” slip op. at 3
- Director reviewDirector review, grantedGranted
“Accordingly, the appropriate course of action is to grant Director Review, vacate the Notices granting institution, and deny institution.3 It is: ORDERED that Director Review is granted; FURTHER ORDERED that the Notices granting institution of inter partes review (Paper 11; IPR2025-01383, Paper 12; IPR2025-01524, Paper 10) are vacated; and FURTHER ORDERED that the Petitions are denied, and no trials are instituted.” slip op. at 4
Discretionary denialPatents in suitUS 9,020,697 - Terumo BCT Inc. v. Haemonetics Corp.Institution deniedPTAB · May 12, 2026 · IPR2025-01391 · APJ John A Squires · IPR · Director review
Director Review was granted, the institution notice vacated, and institution denied because Petitioner took inconsistent claim-construction positions in the IPR and district court.
RulingsDirector review decision- Director reviewDirector review, grantedGranted
“For the reasons below, Patent Owner’s requests for Director Review are granted.” slip op. at 3
- Other 314aInstitution denied discretionary otherInstitution denied
“Petitioner’s conduct, which ensued following institution, demonstrates that this dispute is less about a litigation alternative, as Congress intended, and more about inconsistent positions to gain an upper hand in the overall litigation. See, e.g., H.R. Rep. No. 112-98, at 48 (2011) (explaining that IPRs were intended to provide “quick and cost effective alternatives to litigation”). Such conduct has negative consequences: It multiplies litigation expense, reduces patent value, discourages innovation, diminishes the integrity of the patent system, and depletes the Office’s resources. Discretion is afforded to the USPTO Director to ensure fairness, efficiency, and predictability in patent disputes in a focused inter partes context—as Congress envisioned—as distinct from the broad adversarial context in district court litigation. The Office’s review under Article I is ultimately regulatory; proceedings under Article III are adjudicatory. I would not have instituted these IPRs in the first instance had Petitioner engaged in this strategic litigation-style behavior before institution. Accordingly, the appropriate course of action is to grant Director Review, vacate the Notice granting institution of these IPRs, and deny institution.” slip op. at 4
- Strike new argumentOther
“Petitioner’s assertion that the term “controller” is not in controversy in these IPRs and so it was not required to construe the term in the Petitions is an inadequate justification for the different positions. As I have stated repeatedly, a petitioner should present a single construction and apply that construction consistently before the Board and the district court. See, e.g., Infineon Techs. Am. Corp. v. Mosaid Techs. Corp., IPR2025-01456, Paper 27 at 3–4 (Director Mar. 17, 2026) (“[A] petitioner should pick one [construction], and one consistent with its asserted District Court position.”). Failure to do so detracts from the Office’s goal of “providing greater predictability and certainty in the patent system.” Revvo, Paper 20 at 4–5. I also disagree with Petitioner’s assertion that these IPRs do not implicate Rule 42.104(b)(3). Rule 42.104(b)(3) requires a petition to “[p]rovide a statement of the precise relief requested for each claim challenged,” and to identify how each challenged claim is to be construed. The rule continues to state that “[w]here the claim to be construed contains a means-plus-function or step-plus-function limitation as permitted under 35 U.S.C. 112(f), the construction of the claim must identify the specific portions of the specification that describe the structure, material, or acts corresponding to each claimed function.” 37 C.F.R. § 42.104(b)(3). Petitioner’s position in the district court that the term “controller” is a means-plus-function limitation undercuts its position that Rule 42.104(b)(3) does not apply here. Further, Petitioner’s citation to Realtime Data, LLC v. Iancu, 912 F.3d 1368, 1375 (Fed. Cir. 2019) as support for its position is inapposite, as the holding in that case addresses when the Board is required to construe a claim term, not when a party is required to follow Board rules. DR Response 7–8.” slip op. at 3
Discretionary denialPatents in suitUS 10,758,652
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.