- 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 - Pgr2025-00087Institution deniedPTAB · May 15, 2026 · PGR2025-00087 · APJ John A Squires · PGR · Director review
The Director denied institution of post-grant review in PGR2025-00087 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 post-grant review is denied in the following proceedings: PGR2025-00087 Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of” slip op. at 1
Discretionary denialPatents in suitUS 12,371,685 - Microsoft Corporation v. Sandpiper CDN, LLCInstitution deniedPTAB · May 15, 2026 · IPR2026-00190 · APJ John A Squires · IPR · Director review
The Director denied institution of Microsoft’s IPR petition based on settled expectations and § 325(d), finding no material Office error in its consideration of the prior art.
RulingsDirector review decision- Settled expectationsInstitution denied settled expectationsDenied
“challenged patent has been in “force for over nine years.” DD Req. 10. Patent Owner argues that, over that time period, it developed settled expectations that the patent is valid and enforceable. See Dabico Airport Sols. Inc. v. Axa Power Aps, IPR2025-00408, Paper 21 at 2–3 (Director June 18, 2025). Patent Owner’s settled expectations favor discretionary denial.” slip op. at 2
- PTAB / AIA Trials › Discretionary denial › §325(d) same art / argumentsInstitution denied 325dDenied
“If reasonable minds can disagree regarding the purported treatment of the art or arguments, it cannot be said that the Office erred in a manner material to patentability.” Advanced Bionics, Paper 6 at 9; see Ecto World, LLC v. RAI Strategic Holdings, Inc., IPR2024-01280, Paper 13 at 6 (Director May 19, 2025) (precedential) (“Ecto World”). Petitioner’s argument is a general disagreement with the patent examiner’s position and does not set forth an error material to the patentability of the challenged claims. slip op. at 3
Discretionary denialPatents in suitUS 9,456,053 - Westinghouse Air Brake Technologies Corp. v. Railware, Inc.Institution deniedPTAB · May 15, 2026 · IPR2026-00134 · APJ John A Squires · IPR · Director review
The Director denied the petitions and declined to institute inter partes review, citing the petitioner’s failure to present a single, consistent claim construction position.
RulingsDirector review decision- Other 314aInstitution denied discretionary otherDenied
“As I have indicated previously, a petitioner should present a single construction and apply that construction consistently. See Infineon Techs.” slip op. at 2
Discretionary denial - Ford Motor Company v. Autoconnect Holdings LLCInstitution deniedPTAB · May 13, 2026 · IPR2026-00171 · APJ John A Squires · IPR · Director review
The Director denied the petitions and instituted no trial under § 314(a), citing Petitioner’s inadequate claim-construction stipulation in the parallel litigation.
RulingsDirector review decision- Other 314aInstitution denied discretionary otherInstitution denied
“But Petitioner does not address the other terms that it argues are indefinite in the district court. See Ex. 2026, 1–3. Instead, Petitioner “stipulates to withdraw all indefiniteness arguments . . . from the Related Litigation if the PTAB institutes this IPR.” DD Opp. 18. As I previously explained in similar circumstances, Petitioner’s stipulation to continue to pursue different constructions and abandon the inconsistent construction in district court only if the IPR is instituted is inadequate. See Tiktok, Inc. v. Shopsee, Inc., IPR2025-01485, Paper 13, 2–3 (Director Jan. 16, 2025). Petitioner’s claim construction stipulation does not increase efficiency and minimize the potential for inconsistent outcomes, unlike a stipulation that it will not pursue in the parallel litigation the grounds it raised or could have reasonably raised in the Petition. See id. at 3. At best, it replaces one argument in district court for another argument at the Board. Id. Accordingly, the Petitions are denied under 35 U.S.C. § 314(a). While certain arguments are highlighted above, the determination to exercise discretion to deny institution is based on the complete record and a holistic assessment of all of the evidence in light of the arguments presented.” slip op. at 3
- Director reviewDirector review, deniedDenied
“While certain arguments are highlighted above, the determination to exercise discretion to deny institution is based on the complete record and a holistic assessment of all of the evidence in light of the arguments presented. In consideration of the foregoing, it is: ORDERED that the Petitions are denied, and no trial is instituted.” slip op. at 3
Discretionary denialPatents in suitUS 9,082,239 - 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 - Terumo BCT Inc. v. Haemonetics Corp.Institution deniedPTAB · May 12, 2026 · IPR2025-01374 · APJ John A Squires · IPR · Director review
Director Review was granted, the institution notice was vacated, and institution was denied because Petitioner took inconsistent claim-construction positions.
RulingsDirector review decision- 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
- Director reviewDirector review, grantedGranted
“Petitioner knew that, consistent with Board precedent, it cannot take different positions on claim construction in the district court and at the Board without an adequate explanation. Nonetheless, Petitioner did not heed that caution. Instead, at its first opportunity after institution was granted in these IPRs, Petitioner—whom I note is represented by the same counsel here and in district court—advanced indefiniteness contentions in the district court litigation that are different from Petitioner’s proposed “plain and ordinary meaning” constructions in these IPRs. See, e.g., DR Request 1; Ex. 2022, 21–42; Paper 2, 2 (counsel information); IPR2025- 01391, Paper 19, 1. Specifically, Petitioner argued in its district court contentions that “‘at least claims 11–20 of the ’124 patent are indefinite’ because the ‘controller [is/further] configured to’ terms are governed by means-plus-function interpretation pursuant to 35 U.S.C. § 112(f) and fail to recite sufficient structure.” DR Request 1 (quoting Pet. 20 and Ex. 2022 (Joint Disputed Claim Chart), 21–42); see also IPR2025-01391, Paper 19, 1 (“Petitioner now argues that ‘at least claims 11–19 of the ’652 patent are indefinite.’”).” slip op. at 3
Discretionary denialPatents in suitUS 11,738,124
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.