- Ipr2026-00248Institution deniedPTAB · Aug 25, 2026 · IPR2026-00248 · APJ John A Squires · IPR · Institution
The Director denied institution of IPR2026-00248 after finding 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: IPR2026-00247 IPR2026-00248 IPR2026-00249” slip op. at 2
NonePatents in suitUS 10,664,141 - Ipr2026-00247OtherPTAB · Aug 25, 2026 · IPR2026-00247 · APJ John A Squires · IPR · Order
The Director denied institution of IPR2026-00247 after finding the petitioner had not shown a reasonable likelihood of prevailing on at least one challenged claim.
RulingsOther- 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: IPR2026-00247 IPR2026-00248 IPR2026-00249” slip op. at 2
NonePatents in suitUS 9,817,562 - Ipr2026-00343Institution deniedPTAB · Aug 25, 2026 · IPR2026-00343 · APJ John A Squires · IPR · Director review
The Director denied institution of IPR2026-00343 after reviewing discretionary and non-merits considerations.
RulingsDirector review decision- Director reviewDirector review, deniedDenied
“Pursuant to 35 U.S.C. § 314(a), after review of discretionary and non- merits considerations, institution of inter partes review is denied in the following proceedings: IPR2026-00342 IPR2026-00343” slip op. at 1
- Other 314aInstitution denied discretionary otherInstitution denied
“Pursuant to 35 U.S.C. § 314(a), after review of discretionary and non- merits considerations, institution of inter partes review is denied in the following proceedings:” slip op. at 1
Discretionary denialPatents in suitUS 11,871,811 - Par Health, Inc. v. Inforlife, S.A.Institution deniedPTAB · Aug 20, 2026 · PGR2026-00036 · APJ John A Squires · PGR · Institution
The Director denied institution because the petition did not show that Biomed was publicly accessible as prior art, so it failed to show any challenged claim was unpatentable.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“sufficiently that Biomed qualifies as a prior art printed publication. The Board’s precedential decision in Hulu, LLC v. Sound View Innovations, LLC, IPR2018-01039, Paper 29 (PTAB Dec. 20, 2019) (precedential), addresses prior-art qualification in the related context of instituting an inter partes review. Hulu states that “the petition must identify, with particularity, evidence sufficient to establish a reasonable likelihood that the reference was publicly accessible before the critical date of the challenged patent and therefore that there is a reasonable likelihood that it qualifies as a printed publication.” Id. at 13; see also Jazz Pharm. Inc. v. Amneal Pharm., LLC. 895 F.3d 1347, 1356 (Fed. Cir. 2018) (“[T]he IPR petitioner . . . had the burden to prove that a particular reference is a printed publication.”). The same guidance applies to post-grant reviews, albeit with the “more likely than not” standard applicable. See 35 U.S.C. § 324(a); Hulu, Paper 29 at 13 n.5. Hulu also states that “there is no presumption in favor of institution or in favor of finding a reference to be a printed publication under [37] § 42.108(c).” Hulu, Paper 29 at 16.” slip op. at 3
- Novelty / Anticipation (§102) › Prior-art status of a reference › Printed publication / public accessibilityPrinted publication not establishedNot shown unpatentable
“sufficiently that Biomed qualifies as a prior art printed publication. The Board’s precedential decision in Hulu, LLC v. Sound View Innovations, LLC, IPR2018-01039, Paper 29 (PTAB Dec. 20, 2019) (precedential), addresses prior-art qualification in the related context of instituting an inter partes review. Hulu states that “the petition must identify, with particularity, evidence sufficient to establish a reasonable likelihood that the reference was publicly accessible before the critical date of the challenged patent and therefore that there is a reasonable likelihood that it qualifies as a printed publication.” Id. at 13; see also Jazz Pharm. Inc. v. Amneal Pharm., LLC. 895 F.3d 1347, 1356 (Fed. Cir. 2018) (“[T]he IPR petitioner . . . had the burden to prove that a particular reference is a printed publication.”). The same guidance applies to post-grant reviews, albeit with the “more likely than not” standard applicable. See 35 U.S.C. § 324(a); Hulu, Paper 29 at 13 n.5. Hulu also states that “there is no presumption in favor of institution or in favor of finding a reference to be a printed publication under [37] § 42.108(c).” Hulu, Paper 29 at 16. In this case, Petitioner merely cites a “date of revision” appearing within Biomed. Pet. 6 (citing Ex. 1005, 11). Yet, a revision date alone does not establish that Biomed was disseminated or made publicly available. And, although indicia appearing within a reference can sometimes support the printed publication status of the reference, I find the record to be devoid of any such indicia, or other evidence, supporting that Biomed was publicly disseminated or accessible by the June 15, 2021 “date of revision.” See Hulu, Paper 29 at 16–18. Thus, Petitioner fails to show that it is more likely” slip op. at 3
- Obviousness (§103) › Analogous artNot reached
“sufficiently that Biomed qualifies as a prior art printed publication. The Board’s precedential decision in Hulu, LLC v. Sound View Innovations, LLC, IPR2018-01039, Paper 29 (PTAB Dec. 20, 2019) (precedential), addresses prior-art qualification in the related context of instituting an inter partes review. Hulu states that “the petition must identify, with particularity, evidence sufficient to establish a reasonable likelihood that the reference was publicly accessible before the critical date of the challenged patent and therefore that there is a reasonable likelihood that it qualifies as a printed publication.” Id. at 13; see also Jazz Pharm. Inc. v. Amneal Pharm., LLC. 895 F.3d 1347, 1356 (Fed. Cir. 2018) (“[T]he IPR petitioner . . . had the burden to prove that a particular reference is a printed publication.”). The same guidance applies to post-grant reviews, albeit with the “more likely than not” standard applicable. See 35 U.S.C. § 324(a); Hulu, Paper 29 at 13 n.5. Hulu also states that “there is no presumption in favor of institution or in favor of finding a reference to be a printed publication under [37] § 42.108(c).” Hulu, Paper 29 at 16. In this case, Petitioner merely cites a “date of revision” appearing within Biomed. Pet. 6 (citing Ex. 1005, 11). Yet, a revision date alone does not establish that Biomed was disseminated or made publicly available. And, although indicia appearing within a reference can sometimes support the printed publication status of the reference, I find the record to be devoid of any such indicia, or other evidence, supporting that Biomed was publicly disseminated or accessible by the June 15, 2021 “date of revision.” See Hulu, Paper 29 at 16–18. Thus, Petitioner fails to show that it is more likely” slip op. at 3
§ 102 anticipation§ 103 obviousnessPatents in suitUS 12,370,153 - 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 - Pgr2026-00036Institution deniedPTAB · Aug 13, 2026 · PGR2026-00036 · APJ John A Squires · PGR · Institution
PGR institution was denied because the petitioner failed to show it was more likely than not that at least one challenged claim was unpatentable.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“Pursuant to 35 U.S.C. § 324(a), after review of the merits, the petitioner has failed to show that it is more likely than not that at least one of the claims challenged in the petition is unpatentable. Accordingly, institution of post-grant review is denied in the following proceeding:” slip op. at 2
NonePatents in suitUS 12,370,153 - Ipr2026-00338Institution deniedPTAB · Aug 13, 2026 · IPR2026-00338 · APJ John A Squires · IPR · Director review
The Director denied institution of IPR2026-00338 after review of discretionary and non-merits considerations.
RulingsDirector review decision- Director reviewDirector review, deniedDenied
“NOTICE Pursuant to 35 U.S.C. § 314(a), after review of discretionary and non- merits considerations, institution of inter partes review is denied in the following proceedings: IPR2026-00268* IPR2026-00338 Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of” slip op. at 1
- Other 314aInstitution denied discretionary otherInstitution denied
“NOTICE Pursuant to 35 U.S.C. § 314(a), after review of discretionary and non- merits considerations, institution of inter partes review is denied in the following proceedings: IPR2026-00268* IPR2026-00338 Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of” slip op. at 1
Discretionary denialPatents in suitUS 8,738,103 - Ipr2026-00268Institution deniedPTAB · Aug 13, 2026 · IPR2026-00268 · APJ John A Squires · IPR · Director review
The Director denied institution of IPR2026-00268 after reviewing discretionary and non-merits considerations.
RulingsDirector review decision- Other 314aInstitution denied discretionary otherInstitution denied
“NOTICE Pursuant to 35 U.S.C. § 314(a), after review of discretionary and non- merits considerations, institution of inter partes review is denied in the following proceedings: IPR2026-00268* IPR2026-00338 Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of” slip op. at 1
Discretionary denialPatents in suitUS 11,885,358 - Ipr2026-00330Institution deniedPTAB · Aug 6, 2026 · IPR2026-00330 · APJ John A Squires · IPR · Director review
The Director denied institution of IPR2026-00330 after review of discretionary and non-merits considerations.
RulingsDirector review decision- Other 314aInstitution 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 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 denialPatents in suitUS 11,949,962 - Ipr2026-00297Institution deniedPTAB · Aug 6, 2026 · IPR2026-00297 · APJ John A Squires · IPR · Director review
The Director denied institution of IPR2026-00297 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 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
- Other 314aInstitution 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 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 denialPatents in suitUS 12,079,667
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.