- Syngenta Crop Protection AG v. Inflexion Point Technologies, LLCInstitution deniedPTAB · Dec 1, 2025 · PGR2025-00045 · APJ Debra L Dennett · PGR · Institution
The Board denied institution because Petitioner did not show it was more likely than not that any challenged claim was unpatentable under the asserted grounds.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“We have authority to determine whether to institute a post-grant review under 35 U.S.C. § 324. Institution of a post-grant review is authorized by statute only when “the information presented in the petition . . . would demonstrate that it is more likely than not that at least 1 of the claims challenged in the petition is unpatentable.” 35 U.S.C. § 324(a). The burden is on Petitioner to show that the challenged patent is eligible for postgrant review. Mylan Pharms. Inc. v. Yeda Research & Dev. Co., PGR2016- 00010, Paper 9 at 10 (PTAB Aug. 15, 2016) (holding that the ultimate burden of persuasion remains with a petitioner to demonstrate that the challenged patent is eligible for post-grant review). Upon consideration of the Petition, Preliminary Response, and the cited evidence, we determine that Petitioner has not shown that it is more likely than not that any of the challenged claims are unpatentable. We thus determine to not institute a post-grant review of the ’027 patent based on the Petition.” slip op. at 2
- Skill levelSkill level petitioner adoptedOther
“a Bachelor of Science degree in Agricultural or Mechanical Engineering with 2–4 years of practical, applied experience in the field of agricultural machinery, including systems integration and fluid handling and sprayer control systems, or equivalent experience. Prelim. Resp. 12 (citing Ex. 2001, ¶ 59). Patent Owner states that the differences in the asserted levels of ordinary skill should not change the outcome of the Petition. Id. For the purposes of this decision, we adopt Petitioner’s definition, which appears consistent with the level of skill shown in the prior art references of record and the ’027 patent. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001) (explaining that specific findings regarding ordinary skill level are not required “where the prior art itself reflects an appropriate level and a need for testimony is not shown” (quoting Litton Indus. Prods., Inc. v. Solid State Sys. Corp., 755 F.2d 158, 163 (Fed. Cir. 1985))). Our analysis, however, would not change were we to adopt Patent Owner’s definition.” slip op. at 7
- Claim Construction › Intrinsic evidence (Phillips canons) › Lexicography (patentee as own lexicographer)Term construed board ownDecided for patent owner
“Patent Owner contends that claim construction is necessary for the “seed-applied substance” term because Petitioner allegedly ignores the teaching of the specification in evaluating the term. Prelim. Resp. 12. Patent Owner points to the specification, which defines a “seed-applied substance” as “includ[ing] any composition applied to seeds prior to the seeds being planted (e.g., when the seed comes in contact with the soil in a field).” Id. at 13 (quoting Ex. 1001, 7:45-48). Patent Owner contends that the term means “a substance that is applied directly to the seed before the seed comes into contact with the soil in a field.” Id. (citing Ex. 2001, ¶ 55). According to Patent Owner, Petitioner erroneously uses a definition that “allows the ‘seedapplied substance’ to be applied to the seed (and soil) as the seed lay planted in the soil.’” Id. For the purpose of addressing Petitioner’s grounds, we use the definition of “seed-applied substance” provided in the ’027 patent, i.e., “any composition applied to seeds prior to the seeds being planted (e.g., when the seed comes in contact with the soil in a field).” Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1582 (Fed. Cir. 1996) (“[A] patentee may choose to be his own lexicographer and use terms in a manner other than their ordinary meaning, as long as the special definition of the term is clearly stated in the patent specification or file history.”).” slip op. at 7
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)Not shown unpatentableNot shown unpatentable
“3. Analysis Our analysis of whether Wagers discloses the limitation “individually applying the desired application amount of the selected type of the seed-applied substance to each seed as it is being delivered to the soil” is dispositive of Petitioner’s challenge to claim 1 as anticipated.” slip op. at 10
Claim construction§ 102 anticipation§ 103 obviousness§ 112 disclosurecites GrahamPatents in suitUS 12,102,027 - Micron Technology, Inc. / Micron Semiconductor Products, Inc. v. Palisade Technologies, LLPInstitution deniedPTAB · Oct 17, 2025 · IPR2025-01009 · APJ Kalyan K Deshpande · IPR · Director review
The Director granted Patent Owner’s discretionary-denial requests and denied the petitions; no trial was instituted under § 314(a).
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsInstitution denied
“Some considerations, however, favor discretionary denial. In particular, the challenged patents have been in force for approximately twelve and nine years, creating settled expectations for Patent Owner, and Petitioner does not provide persuasive reasoning why an inter partes review is an appropriate use of Board resources. Dabico Airport Sols. Inc. v. AXA Power ApS, IPR2025-00408, Paper 21 at 2–3 (Director June 18, 2025). Additionally, Petitioner’s arguments that the Office made a material error” slip op. at 2
- Other 314aInstitution denied discretionary otherInstitution denied
“Although certain arguments are highlighted above, the determination to exercise discretion to deny institution is based on a holistic assessment of all of the evidence and arguments presented. Accordingly, the Petitions are denied under 35 U.S.C. § 314(a). In consideration of the foregoing, it is: ORDERED that Patent Owner’s requests for discretionary denial are granted; and FURTHER ORDERED that the Petitions are denied, and no trial is instituted.” slip op. at 3
Discretionary denialPatents in suitUS 9,281,314 - Micron Technology, Inc. / Micron Semiconductor Products, Inc. v. Palisade Technologies, LLPInstitution deniedPTAB · Oct 17, 2025 · IPR2025-01008 · APJ Kalyan K Deshpande · IPR · Director review
The Director denied institution of IPR on the challenged patents under § 314(a), citing settled expectations and the holistic assessment of the parties’ arguments and evidence.
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsInstitution denied
“Some considerations, however, favor discretionary denial. In particular, the challenged patents have been in force for approximately twelve and nine years, creating settled expectations for Patent Owner, and Petitioner does not provide persuasive reasoning why an inter partes review is an appropriate use of Board resources. Dabico Airport Sols. Inc. v. AXA Power ApS, IPR2025-00408, Paper 21 at 2–3 (Director June 18, 2025). Additionally, Petitioner’s arguments that the Office made a material error 2 Citations are to papers in IPR2025-01008. The parties filed similar papers in IPR2025-01009. during prosecution are not persuasive. Under these circumstances, discretionary denial is appropriate.” slip op. at 2
- Other 314aInstitution denied discretionary otherInstitution denied
“Although certain arguments are highlighted above, the determination to exercise discretion to deny institution is based on a holistic assessment of all of the evidence and arguments presented. Accordingly, the Petitions are denied under 35 U.S.C. § 314(a). In consideration of the foregoing, it is: ORDERED that Patent Owner’s requests for discretionary denial are granted; and FURTHER ORDERED that the Petitions are denied, and no trial is instituted.” slip op. at 3
Discretionary denialPatents in suitUS 8,327,051 - Samsung Electronics Co., Ltd. / Samsung Electronics America, Inc. et al. v. W&Wsens Devices Inc.Institution deniedPTAB · Oct 17, 2025 · IPR2025-00996 · APJ Kalyan K Deshpande · IPR · Director review
The Director denied institution of the IPR petitions under § 314(a), citing likely district court trial before the final written decision and Patent Owner’s settled expectations.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivInstitution denied
“In particular, the projected final written decision due date in the Board proceedings is December 24, 2026. DD Req. 12. The district court trial is scheduled to begin August 3, 2026, and time-to-trial statistics suggest trial could begin between August 2026 and early December 2026. Id. at 12–13; DD Opp. 15. As such, it is unlikely that a final written decision in these proceedings will issue before the district court trial occurs, resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions. This favors discretionary denial.” slip op. at 2
- Settled expectationsInstitution denied settled expectationsInstitution denied
“Additionally, the challenged patents have been in force for approximately six years, creating settled expectations for Patent Owner. Further, Patent Owner provides evidence demonstrating Petitioner was aware of the challenged patents as early as 2020. Ex. 2001; Ex. 2002; Ex. 2003; Ex. 2004. This further favors discretionary denial.” slip op. at 2
Discretionary denialPatents in suitUS 10,446,700 - Samsung Electronics Co., Ltd. / Samsung Electronics America, Inc. et al. v. W&Wsens Devices Inc.Institution deniedPTAB · Oct 17, 2025 · IPR2025-00995 · APJ Kalyan K Deshpande · IPR · Director review
The Director granted Patent Owner’s discretionary-denial requests and denied the petitions under § 314(a), citing trial timing, duplication risk, and settled expectations.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied
“In particular, the projected final written decision due date in the Board proceedings is December 24, 2026. DD Req. 12. The district court trial is scheduled to begin August 3, 2026, and time-to-trial statistics suggest trial could begin between August 2026 and early December 2026. Id. at 12–13; DD Opp. 15. As such, it is unlikely that a final written decision in these proceedings will issue before the district court trial occurs, resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions. This favors discretionary denial.” slip op. at 2
- Settled expectationsInstitution denied
“Additionally, the challenged patents have been in force for approximately six years, creating settled expectations for Patent Owner. Further, Patent Owner provides evidence demonstrating Petitioner was aware of the challenged patents as early as 2020. Ex. 2001; Ex. 2002; Ex. 2003; Ex. 2004. This further favors discretionary denial.” slip op. at 2
- Director reviewDirector review, deniedInstitution denied
“Although certain arguments are highlighted above, the determination to exercise discretion to deny institution is based on a holistic assessment of all of the evidence and arguments presented. Accordingly, the Petitions are denied under 35 U.S.C. § 314(a). In consideration of the foregoing, it is: ORDERED that Patent Owner’s requests for discretionary denial are granted; and FURTHER ORDERED that the Petitions are denied, and no trial is instituted.” slip op. at 3
Discretionary denialPatents in suitUS 10,468,543 - Google LLC v. Cellular South, Inc.Institution deniedPTAB · Oct 17, 2025 · IPR2025-00876 · APJ Kalyan K Deshpande · IPR · Director review
The Director denied institution in IPR2025-00876 under § 314(a), finding settled expectations and insufficient justification for using Board resources.
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsDenied
“The patents challenged in IPR2025-00875 and IPR2025-00876 present different circumstances. In particular, these challenged patents have been in force for seven and six years, respectively, creating settled expectations for Patent Owner, and Petitioner does not provide persuasive reasoning why an inter partes review is an appropriate use of Board resources. Dabico Airport Sols. Inc. v. AXA Power ApS, IPR2025-00408,” slip op. at 2
Discretionary denialPatents in suitUS 10,218,954 - Google LLC v. Cellular South, Inc.Institution deniedPTAB · Oct 17, 2025 · IPR2025-00875 · APJ Kalyan K Deshpande · IPR · Director review
The Director denied institution in IPR2025-00875 and IPR2025-00876 based on settled expectations, and referred IPR2025-00877 to the Board for a decision on institution.
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsDenied
“The patents challenged in IPR2025-00875 and IPR2025-00876 present different circumstances. In particular, these challenged patents have been in force for seven and six years, respectively, creating settled expectations for Patent Owner, and Petitioner does not provide persuasive reasoning why an inter partes review is an appropriate use of Board resources. Dabico Airport Sols. Inc. v. AXA Power ApS, IPR2025-00408, 2 Citations are to papers in IPR2025-00875. The parties filed similar papers in IPR2025-00876 and IPR2025-00877. Paper 21 at 2–3 (Director June 18, 2025). In the absence of any such information, the Office is disinclined to disturb the settled expectations of Patent Owner.” slip op. at 2
Discretionary denialPatents in suitUS 9,940,972 - Samsung Electronics Co., Ltd. v. Telcom Ventures LLCInstitution deniedPTAB · Oct 10, 2025 · IPR2025-00978 · APJ Kalyan K Deshpande · IPR · Director review
The Director granted Patent Owner’s request for discretionary denial and denied the petitions under § 314(a); no trial was instituted.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied
“In particular, the projected final written decision due date in the Board proceeding is December 10, 2026.3 DD Req. 13. The district court’s scheduled trial date is June 1, 2026, and the time-to-trial statistics suggest trial will begin by October 2026. Id.; DD. Opp. 17. As such, it is unlikely that a final written decision in this proceeding will issue before district court trial occurs resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions. Additionally, there is insufficient evidence that the district court is likely to stay its proceeding even if the Board were to institute trial. Further, Petitioner’s argument that the patent examiner committed “multiple errors” during prosecution are not persuasive. See DD Opp. 7–12.” slip op. at 2
- Other 314aInstitution denied discretionary otherInstitution denied
“After considering the parties’ arguments and the record, and in view of all relevant considerations, discretionary denial of institution is appropriate in these proceedings. This determination is based on the totality of the evidence and arguments the parties have presented.” slip op. at 2
Discretionary denialPatents in suitUS 12,028,793 - Samsung Electronics Co., Ltd. v. Telcom Ventures LLCInstitution deniedPTAB · Oct 10, 2025 · IPR2025-00977 · APJ Kalyan K Deshpande · IPR · Director review
The Director granted Patent Owner’s discretionary-denial request and denied the petitions under § 314(a); no trial was instituted.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied
“In particular, the projected final written decision due date in the Board proceeding is December 10, 2026.3 DD Req. 13. The district court’s scheduled trial date is June 1, 2026, and the time-to-trial statistics suggest trial will begin by October 2026. Id.; DD. Opp. 17. As such, it is unlikely that a final written decision in this proceeding will issue before district court trial occurs resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions. Additionally, there is insufficient evidence that the district court is likely to stay its proceeding even if the Board were to institute trial. Further, Petitioner’s argument that the patent examiner committed “multiple errors” during prosecution are not persuasive. See DD Opp. 7–12.” slip op. at 2
- Other 314aInstitution denied discretionary otherInstitution denied
“After considering the parties’ arguments and the record, and in view of all relevant considerations, discretionary denial of institution is appropriate in these proceedings. This determination is based on the totality of the evidence and arguments the parties have presented. In particular, the projected final written decision due date in the Board proceeding is December 10, 2026.3 DD Req. 13. The district court’s scheduled trial date is June 1, 2026, and the time-to-trial statistics suggest trial will begin by October 2026. Id.; DD. Opp. 17. As such, it is unlikely that a final written decision in this proceeding will issue before district court trial occurs resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions. Additionally, there is insufficient evidence that the district court is likely to stay its proceeding even if the Board were to institute trial. Further, Petitioner’s argument that the patent examiner committed “multiple errors” during prosecution are not persuasive. See DD Opp. 7–12.” slip op. at 2
Discretionary denialPatents in suitUS 11,770,756 - Samsung Electronics Co., Ltd. / Samsung Electronics America, Inc. v. Telcom Ventures LLCInstitution deniedPTAB · Oct 10, 2025 · IPR2025-00975 · APJ Kalyan K Deshpande · IPR · Director review
The Director granted Patent Owner’s discretionary-denial request and denied the petitions under § 314(a), citing likely district-court trial before the final written decision and other considerations.
RulingsDirector review decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivDenied
“In particular, the projected final written decision due date in the Board proceeding is December 10, 2026.3 DD Req. 13. The district court’s scheduled trial date is June 1, 2026, and the time-to-trial statistics suggest trial will begin by October 2026. Id.; DD. Opp. 17. As such, it is unlikely that a final written decision in this proceeding will issue before district court trial occurs resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions. Additionally, there is insufficient evidence that the district court is likely to stay its proceeding even if the Board were to institute trial. Further, Petitioner’s argument that the patent examiner committed “multiple errors” during prosecution are not persuasive. See DD Opp. 7–12.” slip op. at 2
- Other 314aInstitution denied discretionary otherDenied
“Although certain arguments are highlighted above, the determination to exercise discretion to deny institution is based on a holistic assessment of all of the evidence and arguments presented. Accordingly, the Petitions are denied under 35 U.S.C. § 314(a).” slip op. at 3
- Director reviewDirector review, deniedDenied
“to exercise discretion to deny institution is based on a holistic assessment of all of the evidence and arguments presented. Accordingly, the Petitions are denied under 35 U.S.C. § 314(a).” slip op. at 3
Discretionary denialPatents in suitUS 9,832,708
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.