- Intel Corporation / Lenovo (United States) Inc. et al. v. Collision Communications, Inc.Institution deniedPTAB · May 28, 2025 · IPR2025-00301 · APJ Bart A Gerstenblith · IPR · Institution
The Board denied institution of review for claims 1–11, 16, and 21 under § 314(a), finding the Fintiv factors favored discretionary denial, and denied joinder.
RulingsInstitution decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivInstitution denied
“2026. This date is nearly five months prior to the date on which the final written decision would be due if trial were instituted in this proceeding. And, even if we assume Petitioner’s alleged February–March 2026 trial date, this date too is several months prior to the projected final written decision deadline. As such, it is unlikely that a final written decision in this proceeding would issue before trial in the district court, unless the trial was delayed or rescheduled for a later time. Thus, we find this factor weighs in favor of exercising our discretion to deny institution. See ARM Ltd. v. Daedalus Prime LLC, IPR2025-00207, Paper 10 at 2 (May 16, 2025) (Before the Office of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office) (exercising discretion to deny institution with the same relative timing between district court trial and final written decision deadline).” slip op. at 13
- PTAB / AIA Trials › Motions to amend / substitute claimsNot reached
- PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingJoinder, deniedDenied
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied discretionary otherInstitution denied
“presented in the petition . . . and any [preliminary] response . . . shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” 35 U.S.C. § 314(a). Institution of inter partes review, however, is discretionary. See Harmonic Inc. v. Avid Tech., Inc., 815 F.3d 1356, 1367 (Fed. Cir. 2016) (“[T]he PTO is permitted, but never compelled, to institute an IPR proceeding.”). For the reasons discussed below, we exercise discretion pursuant to 35 U.S.C. § 314(a) not to institute inter partes review. Additionally, for the same reasons and because institution was denied in IPR2024-01248, we deny Petitioner’s Motion for Joinder. See 35 U.S.C. § 315(c) (“[T]he Director . . . may join as a party . . . any person who properly files a petition under section 311 that the Director . . . determines warrants the institution of an inter partes review under section 314.”).” slip op. at 3
Discretionary denialPatents in suitUS 9,814,071 - PTAB · May 23, 2025 · IPR2025-00050 · APJ Iftikhar Ahmed · IPR · Institution
Instituted IPR of claims 1–3 and 5 on all asserted grounds; the Board found a reasonable likelihood of prevailing on obviousness over Walker.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“Pursuant to 35 U.S.C. § 314(a), an inter partes review may not be instituted “unless . . . there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” For the reasons that follow, we determine that Petitioner has demonstrated a reasonable likelihood of prevailing in demonstrating the unpatentability of claims 1–3 and 5. Accordingly, we institute an inter partes review of those claims. We do not address claims 4 and 6–13 because Patent Owner disclaimed those claims. See Exs. 2001, 2008; Prelim. Resp. 30; Supp. Prelim. Resp. 3.” slip op. at 2
- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Denied
“Jury trial in the Related Litigation is currently scheduled to begin on June 22, 2026. Ex. 1008, 16. The statutory deadline for issuing a Final Written Decision predates the trial by approximately one month. Patent Owner argues that Petitioner was not diligent in filing the Petition, and this factor favors discretionary denial. Supp. Prelim. Resp. 2. Petitioner argues that Factor 2 favors institution because that Final Written Decision date precedes the scheduled trial date and also because based on the median time to trial for Judge Noreika, the judge presiding over the Related Litigation, the anticipated trial date would be in December 2026. Pet. Supp. Resp. 2. Petitioner also points out that even based on the median time to trial in the District of Delaware, the trial in the Related Litigation would occur in October 2026. Id.; Pet. 72. We agree with Petitioner that based on median time-to-trial statistics for the District of Delaware and for Judge Noreika, the Final Written Decision in this proceeding would issue a few months before the anticipated trial date and a month before the currently scheduled trial date. Exs. 1007, 1012. This factor therefore weighs against exercising our discretion to deny institution.5” slip op. at 9
- Obviousness (§103) › Motivation to combine / reasonable expectation of successInstituted
“Walker discloses that during normal television viewing, a broadcast program is provided to and displayed on an interactive television system and a streaming version of the broadcast program is provided to a television distribution facility in advance of the broadcast. Ex. 1005 ¶ 10. Walker explains that if a user requests a playback control function, the interactive television system may switch from displaying the broadcast television program to the streaming version of the program. Id. When switching, the system may switch to displaying the streaming version of the program at the same point in time in the program that the user was viewing in the broadcast program. Id.” slip op. at 17
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“B. Claim Construction Only those claim terms that are in controversy need to be construed, and only to the extent necessary to resolve the controversy. Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017). Petitioner contends that “[b]ecause the asserted prior art discloses embodiments within the indisputable scope of the claims, the Board need not construe the outer bounds of the claims.” Pet. 3. Petitioner lists several terms and proffers its position on the plain and ordinary meaning of those terms. Id. at 4–6. Patent Owner does not challenge Petitioner’s claim construction positions. Prelim. Resp. 5. For purposes of this Decision, we determine that no term requires express construction.” slip op. at 16
Claim construction§ 103 obviousnessDiscretionary denialcites GrahamPatents in suitUS 10,880,592 - Innoscience America, Inc. v. Infineon Technologies Americas Corp.Institution deniedPTAB · May 16, 2025 · IPR2025-00010 · APJ Michelle N Wormmeester · IPR · Institution
The Board denied institution of IPR challenging claims 1–14, exercising § 314(a) discretion under Fintiv because the balance of factors favored denial.
RulingsInstitution decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Denied
“2. Factor 2: ITC Final Determination Date Fintiv provides that an ITC trial date that is earlier than the Board’s projected statutory deadline for a final written decision may favor discretionary denial if the ITC is going to decide the same or substantially similar issues to those presented in the petition. Fintiv, Paper 11 at 8. The Guidance Memo further provides that “the Board is more likely to deny institution where the ITC’s projected final determination date is earlier than the Board’s deadline to issue a final written decision.” Guidance Memo 2. Here, the ITC has set the target date for its final determination to March 2, 2026. Ex. 2010, 3 (ITC Order Amending the Procedural Schedule). Our final written decision would be due almost three months later, in late May 2026, should we institute inter partes review.” slip op. at 8
Discretionary denialPatents in suitUS 9,070,755 - Comcast Cable Communications, LLC v. Entropic Communications, LLCInstitution deniedPTAB · Apr 29, 2025 · IPR2025-00182 · APJ Scott B Howard · IPR · Institution
The Board denied institution of IPR on claims 1–20, exercising § 314(a) discretion because this was an unnecessary third parallel petition.
RulingsInstitution decision- Parallel petitionsInstitution denied discretionary otherDenied
“Our Practice Guide provides guidance on handling situations involving multiple petitions by a single petitioner challenging the same patent claims: Based on the Board’s experience, one petition should be sufficient to challenge the claims of a patent in most situations . . . . In addition, multiple petitions by a petitioner are not necessary in the vast majority of cases. To date, a substantial Practice Guide 59 (emphasis added). The Practice Guide provides examples of “circumstances in which more than one petition may be necessary.” Id. None of these examples are pertinent here.” slip op. at 7
Discretionary denialPatents in suitUS 11,785,275 - Comcast Cable Communications, LLC v. Entropic Communications, LLCInstitution deniedPTAB · Apr 29, 2025 · IPR2025-00181 · APJ Scott B Howard · IPR · Institution
The Board denied institution on claims 1–20, exercising § 314(a) discretion because Petitioner’s second parallel petition was unnecessary.
RulingsInstitution decision- Parallel petitionsDenied
“Our Practice Guide provides guidance on handling situations involving multiple petitions by a single petitioner challenging the same patent claims: Based on the Board’s experience, one petition should be sufficient to challenge the claims of a patent in most situations . . . . In addition, multiple petitions by a petitioner are not necessary in the vast majority of cases. To date, a substantial majority of patents have been challenged with a single petition. Practice Guide 59 (emphasis added). The Practice Guide provides examples of “circumstances in which more than one petition may be necessary.” Id. None of these examples are pertinent here.” slip op. at 7
Discretionary denialPatents in suitUS 11,785,275 - PTAB · Apr 29, 2025 · IPR2025-00180 · APJ Scott B Howard · IPR · Institution
The Board instituted IPR of claims 1–20 on all asserted grounds, finding a reasonable likelihood that Comcast would prevail on at least one challenged claim.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“determine whether to institute an inter partes review. 35 U.S.C. § 314 (2024); 37 C.F.R. § 42.4(a) (2024). Inter partes review may not be instituted unless “the information presented in the petition filed under [35 U.S.C.] section 311 and any response filed under [35 U.S.C.] section 313 shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” 35 U.S.C. § 314(a). “When instituting inter partes review, the Board will authorize the review to proceed on all of the challenged claims and on all grounds of unpatentability asserted for each claim.” 37 C.F.R. § 42.108(a). For the reasons set forth below, upon considering the briefing and the evidence of record, we determine that the information presented in the Petition establishes a reasonable likelihood that Petitioner will prevail with respect to at least one of the challenged claims. Accordingly, we institute inter partes review on all of the challenged claims based on all of the grounds identified in the Petition.” slip op. at 2
- Parallel petitionsDenied
“We do not agree with Patent Owner that Petitioner’s filing of three parallel petitions is grounds to deny all three petitions on that basis alone. Petitioner has complied with our guidance by filing a statement ranking the petitions. See Practice Guide, 59–60. For reasons discussed in our concurrent Decisions Denying Institution in IPR2025-00181 and IPR2025- meaning does not resolve the parties’ dispute.”). Claim construction arguments should not be relegated to patentability arguments on the facts. warranted. Given our Decisions to Deny Institution in IPR2025-00181 and IPR2025-00182 and the official guidance we have received in the Practice Guide, we have no option but to deny Patent Owner’s request that we exercise our discretion to deny institution on all three of the petitions challenging the ’275 patent. Accordingly, we do not exercise our discretion to the deny institution in the instant proceeding. E. Anticipation of Claim 1 by Zhang” slip op. at 10
- Skill levelSkill level petitioner adoptedDecided for petitioner
“Patent Owner does not address the level of skill. See Prelim. Resp. Because Petitioner’s proposed level of ordinary skill in the art is consistent with the field of the invention of the ’275 patent and not disputed by Patent Owner, for purposes of this Decision, we adopt Petitioner’s formulation of the person having ordinary skill in the art.7 7 If Patent Owner disagrees with this formulation of the level of skill in the art, it must raise that disagreement in its Response. If a different level of skill would affect the outcome in this case, the parties must brief that issue as well. The failure of Patent Owner to describe how a different level of skill in the art is determinative will be a forfeiture of that argument. If there is a dispute regarding the level of ordinary skill in the art, then the parties are also encouraged to submit evidence, other than conclusory expert testimony, that supports their position. See 37 C.F.R § 42.65(a) (“Expert testimony that does not disclose the underlying facts or data on which the opinion is based is entitled to little or no weight.”).” slip op. at 8
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededNot reached
“Petitioner states that all of the limitations “should be given their ordinary and customary meaning to a” person having ordinary skill in the art. Pet. 19. Although Petitioner argues that none of the limitations are means-plus-function terms, Petitioner provides constructions to the extent that there are means-plus-function terms. Pet. 19–20. Patent Owner does not respond. See Prelim. Resp. For the purposes of this Decision, we need not expressly construe any claim terms.8 See Nidec Motor Corp. v. Zhongshan Broad Ocean Motor 8 If either party intends to argue a claim construction at trial, including what is the plain and ordinary meaning of a term, they should do so in a clearly designated section of their briefing. See Patent Trial and Appeal Board Consolidated Trial Practice Guide (Nov. 21, 2019) (“Practice Guide”), 46, 49 (available at https://www.uspto.gov/TrialPracticeGuideConsolidated); O2 Micro Int’l Ltd. v. Beyond Innovation Tech. Co., 521 F.3d 1351, 1361 (Fed. Cir. 2008) (“A determination that a claim term ‘needs no construction’ or has the ‘plain and ordinary meaning’ may be inadequate when a term has more than one ‘ordinary’ meaning or when reliance on a term’s ‘ordinary’ construe terms ‘that are in controversy, and only to the extent necessary to resolve the controversy’” (quoting Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999))). D. Parallel Petitions” slip op. at 9
Claim construction§ 102 anticipationDiscretionary denialcites Phillips · KSR · GrahamPatents in suitUS 11,785,275 - PTAB · Apr 23, 2025 · IPR2024-01465 · APJ Michelle N Wormmeester · IPR · Institution
The Board denied institution of review of claims 1–19 under § 314(a), finding that the Fintiv factors overall favored discretionary denial.
RulingsInstitution decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivInstitution denied
“As noted above, the district court has set a trial date of October 6, 2025, which is almost seven months before the final written decision in this proceeding would be due in late April 2026. Although a number of cases may be scheduled for jury selection on the same day as the District Court Litigation, nothing in the record indicates a trial in the District Court Litigation would not take place months before our deadline to reach a final decision. Because the District Court Litigation will address the issues relating to the validity of the ’750 patent in a trial scheduled to occur several months before we would issue a final written decision, we weigh the second Fintiv factor as favoring discretionary denial.” slip op. at 9
Discretionary denialPatents in suitUS 11,087,750 - PTAB · Apr 23, 2025 · IPR2024-01464 · APJ Michelle N Wormmeester · IPR · Institution
The Board denied institution of inter partes review of claims 1–18 under § 314(a), finding that the Fintiv factors overall favored discretionary denial.
RulingsInstitution decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivInstitution denied
“1. whether the court granted a stay or evidence exists that one may be granted if a proceeding is instituted; 2. proximity of the court’s trial date to the Board’s projected statutory deadline for a final written decision; 3. investment in the parallel proceeding by the court and the parties; 4. overlap between issues raised in the petition and in the parallel proceeding; 5. whether the petitioner and the defendant in the parallel proceeding are the same party; and 6. other circumstances that impact the Board’s exercise of discretion, including the merits. Fintiv, Paper 11 at 5–6. In considering these factors, we apply the guidance set forth in a Memorandum regarding “Guidance on USPTO’s recission of ‘Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation,’” issued by the Chief Administrative Patent Judge of the Patent Trial and Appeal Board on March 24, 2025 (hereinafter, “Guidance Memo”).7” slip op. at 5
Discretionary denialPatents in suitUS 11,393,461 - Quectel Wireless Solutions Co. Ltd. v. Koninklijke Philips N.V.All claims unpatentablePTAB · Apr 1, 2025 · IPR2021-00563 · APJ Kevin F Turner · IPR · Remand
On remand, the Board held claim 9 unpatentable as obvious over Agin and Chen, finding Agin teaches the initial power adjustment and the combination teaches the offset determination.
RulingsRemand decision- RemandOther
“Reviewing Patent Owner’s arguments and Petitioner’s assertions, we remain persuaded that one of ordinary skill in the art would have applied the previous power level, i.e., the power level prior to the interruption, and also an offset according to the process illustrated in Agin’s Figure 2. Agin makes clear that its processes in Figure 2 are run “[i]f transmission is not resumed after a transmission interruption” and “[i]f transmission is resumed after a transmission interruption.” Ex. 1004 5:44–50. Figure 2 of Agin is used to make a determination of what the power level would be after an interruption, and that process should be followed, for the first transmission, as well as subsequent transmissions. Agin does not address a separate procedure for the initial transmission after an interruption because the process in Agin’s Figure 2 is generally applicable to all interruptions. This understanding comports with Dr. Ding’s testimony, discussed above, that we credit. See Ex. 2002, 115:13–16, 113:16–22, 110:13–16.” slip op. at 23
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundDecided for petitioner
“We disagree with Patent Owner’s arguments and continue to be persuaded that there was sufficient motivation to combine Agin and Chen. See FWD 25–26. Petitioner cites multiple rationales for the combination of Agin and Chen, including the benefits of Chen’s techniques, the predictability of such a combination, improvements in performance and transmission quality, reducing uncertainty, smoothing power levels, and argues that these approaches would have had a reasonable expectation of success. Pet. 17–19. Although Agin and Chen are directed to different problems, with different solutions, we discern no negative teaching that would proscribe their combination, and we can envision, via the arguments made in the Petition, combining aspects of each to improve the resulting system.” slip op. at 29
- Skill levelSkill level petitioner adoptedDecided for petitioner
“B. Level of Ordinary Skill in the Art Petitioner, supported by Dr. Ding’s testimony, proposes that a person of ordinary skill in the art at the time of the invention would have had “at least a Bachelor’s degree in computer science, electrical engineering, computer engineering, or a related field, with 2-3 years of experience in wireless communication systems.” Pet. 5 (citing Ex. 1003 ¶ 25). Patent Owner does not dispute Petitioner’s identification of the level of skill in the art. PO Resp. 17. As such, we continue to adopt and apply Petitioner’s unopposed position as to the level of ordinary skill in the art for purposes of this decision. See DI 5; FWD 6.” slip op. at 9
- Expert testimonyPetitioner expert creditedDecided for petitioner
“We disagree with Patent Owner’s arguments, as we did in the Final Written Decision. See FWD 25–26. We acknowledge the different aims and solutions detailed in Agin and Chen, but we are not persuaded that they are sufficiently different that aspects of Chen could not be utilized in Agin. We also acknowledge that Dr. Jackson’s testimony is clear and he testifies that Chen is sufficiently different and that the processes of Chen would not be readily adaptable to Agin. Weighing the testimonies of Drs. Ding and Jackson, we determine Dr. Ding’s testimony to be more persuasive as to the combination. For example, we concur with Dr. Ding that handover is directly related to communication interruptions in that the handover mechanism exists in order to try to avoid interruptions. Ex. 1003 ¶¶ 67–68, 102, 105–108; Ex. 1111 ¶ 47. Dr. Ding’s testimony is applied to support the conclusion that one of ordinary skill in the art would have been motivated to make the combination. Patent Owner asserts that such a characterization is misleading (PO Sur-reply 20), but we are persuaded that Dr. Ding’s testimony demonstrates overlapping aspects of the disclosures of Agin and Chen and support the Petition’s rationales for their combination.” slip op. at 30
Patent outcomesUS 8,195,216 unpatentable§ 103 obviousnesscites KSR · GrahamPatents in suitUS 8,195,216 - Samsung Electronics America, Inc. / Samsung Electronics Co., Ltd. v. Collision Communications, Inc.Institution deniedPTAB · Mar 21, 2025 · IPR2024-01250 · APJ Bart A Gerstenblith · IPR · Institution
The Board denied institution because Petitioner did not show a reasonable likelihood of proving claims 1–5, 7, 9–16, or 20 unpatentable over the asserted grounds.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“An inter partes review may be instituted only if “the information presented in the petition . . . and any [preliminary] response . . . shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” 35 U.S.C. § 314(a) (2018). For the reasons given below, on this record Petitioner has not established a reasonable likelihood that it would prevail in showing the unpatentability of any of the Challenged Claims. Accordingly, we do not institute an inter partes review.” slip op. at 2
- Skill levelSkill level petitioner adoptedDecided for petitioner
“B. Level of Ordinary Skill in the Art Petitioner, supported by Dr. Min’s testimony, proposes that a person of ordinary skill in the art at the time of the invention would have had “at least a bachelor’s [degree] in [electrical engineering, computer engineering, or computer science], physics, or equivalent, and two years of experience with cellular telecommunications, radio-access network architectures, protocols and signal propagation in wireless networks.” Pet. 3 (citing Ex. 1003 ¶ 59). Dr. Min testifies that “[a]dditional education could substitute for professional experience and vice versa.” Ex. 1003 ¶ 59. Additionally, Petitioner contends that Dr. Min “exceeded this level of experience by the priority date.” Pet. 3 (citing Ex. 1010 (curriculum vitae of Dr. Min)). In its Preliminary Response, Patent Owner does not take a position on the relevant level of ordinary skill in the art. See generally Prelim. Resp. At this stage of the proceeding and on the present record, we adopt Petitioner’s uncontested proposed level of ordinary skill in the art, which we find consistent with the level of ordinary skill in the art reflected by the ’946 patent and the prior art of record. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001); In re GPAC Inc., 57 F.3d 1573, 1579 (Fed. Cir. 1995); In re Oelrich, 579 F.2d 86, 91 (CCPA 1978).” slip op. at 10
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededNot reached
“Neither party contends that any claim terms require an express construction to resolve the present controversy. Pet. 8 (“For purposes of this Petition only, Petitioner does not believe any terms require a formal construction.”); see generally Prelim. Resp. Nonetheless, Petitioner explains that the Petition is structured such that “Ground 1 is based on Patent Owner’s infringement contentions in the district court litigation, where the claimed ‘MUD module’ is generally mapped to multiple-input multiple-output (MIMO) receivers in a wireless network.” Pet. 2. Petitioner contends that “[u]nder this broad interpretation of a ‘MUD module,’ Walton’s MIMO receiver renders every challenged claim obvious.” Id. In contrast to Ground 1, the Petition states that “Ground 2 is based on the plain meaning of ‘MUD module,’ which is a component that detects, separates, and decodes signals from multiple users transmitting simultaneously over the same frequency band.” Id. Petitioner contends that, “[a]pplying the correct meaning of the term, Walton’s MIMO receiver does not necessarily comprise a MUD module.” Id. Therefore, Petitioner explains that “Ground 2 combines Walton with Learned, which expressly discloses [a] multi-user detector, and thus renders every challenged claim obvious in combination with Walton.” Id. at 2–3.7 In other words, the Petition presents Ground 1 and Grounds 2/3 as alternatives depending on the meaning of 7 Although not specifically relevant to claim construction, Petitioner explains that “Ground 3 further combines Walton and Learned with Quigley, to the extent Patent Owner argues Walton does not disclose providing a burst control input.” Pet. 3. “MUD module,” where Ground 1 is based on Petitioner’s understanding of Patent Owner’s interpretation of the term and Grounds 2 and 3 are based on Petitioner’s interpretation of the term as having its plain meaning. Petitioner further contends that “[e]very other claim term carries its ‘ordinary and customary meaning’ . . . .” Id. at 8. Although Petitioner presents a potential dispute regarding the meaning of “MUD module,” we need not construe this term expressly because the determination we reach herein does not depend on which meaning MUD module is applied. Accordingly, we do not construe any claim terms expressly because express constructions are not necessary to resolve the controversy before us. See Realtime Data, 912 F.3d at 1375.” slip op. at 12
- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Not reached
“IV. DISCRETIONARY DENIAL Patent Owners contends that the factors set forth in Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 at 9 (PTAB Mar. 20, 2020) (precedential), weigh heavily in favor of discretionary denial. Prelim. Resp. 40–46; Paper 10. Petitioner disagrees. Pet. 74–77; Paper 9. In light of the conclusion reached above, we need not address the parties’ arguments regarding discretionary denial.” slip op. at 25
Claim construction§ 103 obviousnessDiscretionary denialcites Phillips · KSR · GrahamPatents in suitUS 8,089,946
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.