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717 decisions · 165msnewest first
  • Pgr2026-00034Instituted
    PTAB · Oct 8, 2026 · PGR2026-00034 · APJ John A Squires · PGR · Institution

    Institution of PGR2026-00034 is granted because the petitioner showed the required likelihood of prevailing on at least one challenged claim.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “Pursuant 35 U.S.C. §§ 314(a) and 324(a), after review of the merits, the petitioner has shown 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, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review and post-grant review is granted in the following proceedings:1” slip op. at 2

    None
    Patents in suitUS 12,419,895
  • Ipr2026-00364Instituted
    PTAB · Oct 8, 2026 · IPR2026-00364 · APJ John A Squires · IPR · Institution

    Institution of inter partes review is granted for IPR2026-00364 because the petitioner showed a reasonable likelihood of prevailing on at least one challenged claim.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “the petitioner has shown 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, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review and post-grant review is granted in the following proceedings:1” slip op. at 2

    None
    Patents in suitUS 12,301,627
  • Ipr2026-00339Instituted
    PTAB · Oct 8, 2026 · IPR2026-00339 · APJ John A Squires · IPR · Institution

    Institution of inter partes review in IPR2026-00339 is granted after the petitioner showed a reasonable likelihood of prevailing on at least one challenged claim.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “the petitioner has shown 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, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review and post-grant review is granted in the following proceedings:1” slip op. at 2

    None
    Patents in suitUS 11,644,693
  • Ipr2026-00340Institution denied
    PTAB · Oct 8, 2026 · IPR2026-00340 · APJ John A Squires · IPR · Institution

    The Director denied institution of IPR2026-00340 because the petitioner failed to show a reasonable likelihood of prevailing on at least one challenged claim.

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

      “Pursuant to 35 U.S.C. § 314(a), after review of the 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. Accordingly, institution of inter partes review is denied in the following proceedings: IPR2026-00340” slip op. at 2

    None
    Patents in suitUS 11,644,693
  • Pgr2026-00055Institution denied
    PTAB · Oct 8, 2026 · PGR2026-00055 · APJ John A Squires · PGR · Director review

    The Director denied institution of PGR2026-00055 after reviewing discretionary and non-merits considerations.

    RulingsDirector review decision
    • 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 and post-grant review is denied in the following proceeding: IPR2026-00373 PGR2026-00055” slip op. at 1

    Discretionary denial
    Patents in suitUS 12,233,106
  • Ipr2026-00373Institution denied
    PTAB · Oct 8, 2026 · IPR2026-00373 · APJ John A Squires · IPR · Director review

    The Director denied institution in IPR2026-00373 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 and post-grant review is denied in the following proceeding: IPR2026-00373 PGR2026-00055” slip op. at 1

    Discretionary denial
    Patents in suitUS 12,274,325
  • 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
  • Pgr2026-00043Instituted
    PTAB · Sep 23, 2026 · PGR2026-00043 · APJ John A Squires · PGR · Institution

    The Board granted institution of PGR2026-00043 after finding a reasonable likelihood that at least one challenged claim is unpatentable.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “the petitioner has shown 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, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review and post-grant review is granted in the following proceedings: IPR2026-00336 PGR2026-00037 PGR2026-00043 IPR2026-00363 PGR2026-00042” slip op. at 2

    None
    Patents in suitUS 12,543,922
  • Pgr2026-00042Instituted
    PTAB · Sep 23, 2026 · PGR2026-00042 · APJ John A Squires · PGR · Institution

    The Director granted institution of PGR2026-00042 after finding a reasonable likelihood that at least one challenged claim is unpatentable.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “the petitioner has shown 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, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review and post-grant review is granted in the following proceedings:” slip op. at 2

    None
    Patents in suitUS 12,353,917
  • Pgr2026-00037Instituted
    PTAB · Sep 23, 2026 · PGR2026-00037 · APJ John A Squires · PGR · Institution

    The Director granted institution of PGR2026-00037 after determining the petition showed the required likelihood of prevailing and no non-discretionary consideration warranted denial.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “the petitioner has shown 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, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review and post-grant review is granted in the following proceedings:” slip op. at 2

    None
    Patents in suitUS 12,347,711
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