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  • PTAB · Aug 14, 2025 · IPR2025-00641 · APJ Kalyan K Deshpande · IPR · Director review

    The Director denied institution of IPR2025-00641 under § 314(a), finding district court trial likely to precede the Board’s decision and settled expectations favored denial.

    RulingsDirector review decision
    • Other 314aInstitution denied discretionary otherInstitution denied

      “proceedings is October 16, 2026. DD Req. 4–5. The district court’s scheduled trial date is April 6, 2026, and the time-to-trial statistics suggest trial will begin in May or June of 2026. Id. at 4; DD Opp. 8; Ex. 1050. As such, it is unlikely that a final written decision in these proceedings 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, the patents challenged in IPR2025-00639, IPR2025-00640, IPR2025-00642, IPR2025-00643, and IPR2025-00644 have been in force for over nine, eight, twelve, nine, and nine years, respectively, creating strong settled expectations for Patent Owner.” slip op. at 2

    • Settled expectationsInstitution denied settled expectationsInstitution denied

      “proceedings is October 16, 2026. DD Req. 4–5. The district court’s scheduled trial date is April 6, 2026, and the time-to-trial statistics suggest trial will begin in May or June of 2026. Id. at 4; DD Opp. 8; Ex. 1050. As such, it is unlikely that a final written decision in these proceedings 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, the patents challenged in IPR2025-00639, IPR2025-00640, IPR2025-00642, IPR2025-00643, and IPR2025-00644 have been in force for over nine, eight, twelve, nine, and nine years, respectively, creating strong settled expectations for Patent Owner.” slip op. at 2

    Discretionary denial
    Patents in suitUS 11,694,053
  • PTAB · Aug 14, 2025 · IPR2025-00640 · APJ Kalyan K Deshpande · IPR · Director review

    The Director denied institution of IPR challenging the patent under § 314(a), citing the district court schedule, risk of duplication, and Patent Owner’s settled expectations.

    RulingsDirector review decision
    • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Denied

      “In particular, the projected final written decision due date in the Board proceedings is October 16, 2026. DD Req. 4–5. The district court’s scheduled trial date is April 6, 2026, and the time-to-trial statistics suggest trial will begin in May or June of 2026. Id. at 4; DD Opp. 8; Ex. 1050. As such, it is unlikely that a final written decision in these proceedings 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, the patents challenged in IPR2025-00639, IPR2025-00640, IPR2025-00642, IPR2025-00643, and IPR2025-00644 have been in force for over nine, eight, twelve, nine, and nine years, respectively, creating strong settled expectations for Patent Owner.” slip op. at 2

    • Settled expectationsDenied

      “proceedings is October 16, 2026. DD Req. 4–5. The district court’s scheduled trial date is April 6, 2026, and the time-to-trial statistics suggest trial will begin in May or June of 2026. Id. at 4; DD Opp. 8; Ex. 1050. As such, it is unlikely that a final written decision in these proceedings 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, the patents challenged in IPR2025-00639, IPR2025-00640, IPR2025-00642, IPR2025-00643, and IPR2025-00644 have been in force for over nine, eight, twelve, nine, and nine years, respectively, creating strong settled expectations for Patent Owner.” slip op. at 2

    Discretionary denial
    Patents in suitUS 9,483,722
  • PTAB · Aug 14, 2025 · IPR2025-00639 · APJ Kalyan K Deshpande · IPR · Director review

    The Petitions were denied under § 314(a) because district court trial is expected before a final written decision, creating duplication and inconsistent-decision risks, and settled expectations favor denial.

    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 October 16, 2026. DD Req. 4–5. The district court’s scheduled trial date is April 6, 2026, and the time-to-trial statistics suggest trial will begin in May or June of 2026. Id. at 4; DD Opp. 8; Ex. 1050. As such, it is unlikely that a final written decision in these proceedings 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, the patents challenged in IPR2025-00639, IPR2025-00640, IPR2025-00642, IPR2025-00643, and IPR2025-00644 have been in force for over nine, eight, twelve, nine, and nine years, respectively, creating strong settled expectations for Patent Owner.” slip op. at 2

    • Settled expectationsInstitution denied settled expectationsInstitution denied

      “proceedings is October 16, 2026. DD Req. 4–5. The district court’s scheduled trial date is April 6, 2026, and the time-to-trial statistics suggest trial will begin in May or June of 2026. Id. at 4; DD Opp. 8; Ex. 1050. As such, it is unlikely that a final written decision in these proceedings 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, the patents challenged in IPR2025-00639, IPR2025-00640, IPR2025-00642, IPR2025-00643, and IPR2025-00644 have been in force for over nine, eight, twelve, nine, and nine years, respectively, creating strong settled expectations for Patent Owner.” slip op. at 2

    • Other 314aInstitution denied discretionary otherInstitution denied

      “The patents challenged in IPR2025-00641 and IPR2025-00645 have not been in force as long as the other patents challenged. While ordinarily such circumstances might counsel against discretionary denial, the district court will be considering the validity of the patents challenged in IPR2025- 00639, IPR2025-00640, IPR2025-00642, IPR2025-00643, and IPR2025- 00644, along with the validity of the patents challenged in IPR2025-00641 and IPR2025-00645, and referring IPR2025-00641 and IPR2025-00645 to the Board would be an inefficient use of Board resources and tips the balance to discretionary denial as to those patent too. 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

    Discretionary denial
    Patents in suitUS 9,122,965
  • PTAB · Aug 14, 2025 · IPR2025-00544 · APJ Kalyan K Deshpande · IPR · Director review

    The Director denied institution of IPR, finding discretionary denial appropriate based on the projected district court trial timing, risk of duplication, and Patent Owner’s settled expectations.

    RulingsDirector review decision
    • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Denied

      “In particular, the projected final written decision due date for each of these cases is in October 2026. DD Req. 30. The district court’s scheduled trial date is April 20, 2026, and the time-to-trial statistics suggest that trial would begin by August 2026. Id. at 30–31; DD Opp. 47; Ex. 1052, 35. 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. Additionally, there is insufficient evidence that the district court is likely to stay its proceeding even if the Board were to institute trial.” slip op. at 2

    • Settled expectationsDenied

      “Further, the challenged patents have been in force for approximately ten, ten, eight, and eight years, respectively, creating strong settled expectations for Patent Owner.” slip op. at 3

    • Director reviewInstitution denied settled expectationsInstitution 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 denial
    Patents in suitUS 9,619,578
  • PTAB · Aug 14, 2025 · IPR2025-00543 · APJ Kalyan K Deshpande · IPR · Director review

    The Director denied institution under § 314(a), finding that the district court trial likely would precede the final written decision and that the patents’ age created strong 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 for each of these cases is in October 2026. DD Req. 30. The district court’s scheduled trial date is April 20, 2026, and the time-to-trial statistics suggest that trial would begin by August 2026. Id. at 30–31; DD Opp. 47; Ex. 1052, 35. 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. Additionally, there is insufficient evidence that the district court is likely to stay its proceeding even if the Board were to institute trial.” slip op. at 2

    • Settled expectationsInstitution denied settled expectationsInstitution denied

      “Further, the challenged patents have been in force for approximately ten, ten, eight, and eight years, respectively, creating strong settled expectations for Patent Owner. 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

    Discretionary denial
    Patents in suitUS 9,619,578
  • PTAB · Aug 14, 2025 · IPR2025-00542 · APJ Kalyan K Deshpande · IPR · Director review

    The Director denied institution under § 314(a), finding that the district court trial would likely precede the final written decision and settled expectations favored denial.

    RulingsDirector review decision
    • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Denied

      “In particular, the projected final written decision due date for each of these cases is in October 2026. DD Req. 30. The district court’s scheduled trial date is April 20, 2026, and the time-to-trial statistics suggest that trial would begin by August 2026. Id. at 30–31; DD Opp. 47; Ex. 1052, 35. 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. Additionally, there is insufficient evidence that the district court is likely to stay its proceeding even if the Board were to institute trial.” slip op. at 2

    • Settled expectationsDenied

      “Further, the challenged patents have been in force for approximately ten, ten, eight, and eight years, respectively, creating strong settled expectations for Patent Owner. 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

    Discretionary denial
    Patents in suitUS 9,922,348
  • PTAB · Aug 14, 2025 · IPR2025-00541 · APJ Kalyan K Deshpande · IPR · Director review

    The Director denied institution of IPR, finding discretionary denial appropriate under § 314(a) based on the district court schedule and Patent Owner’s settled expectations.

    RulingsDirector review decision
    • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Denied

      “In particular, the projected final written decision due date for each of these cases is in October 2026. DD Req. 30. The district court’s scheduled trial date is April 20, 2026, and the time-to-trial statistics suggest that trial would begin by August 2026. Id. at 30–31; DD Opp. 47; Ex. 1052, 35. 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. Additionally, there is insufficient evidence that the district court is likely to stay its proceeding even if the Board were to institute trial.” slip op. at 2

    • Settled expectationsDenied

      “Further, the challenged patents have been in force for approximately ten, ten, eight, and eight years, respectively, creating strong settled expectations for Patent Owner.” slip op. at 3

    Discretionary denial
    Patents in suitUS 9,922,348
  • PTAB · Aug 14, 2025 · IPR2025-00540 · APJ Kalyan K Deshpande · IPR · Director review

    The Director granted Patent Owner’s discretionary-denial requests and denied the petitions under § 314(a), declining to institute IPR.

    RulingsDirector review decision
    • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivInstitution denied

      “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 for each of these cases is in October 2026. DD Req. 30. The district court’s scheduled trial date is April 20, 2026, and the time-to-trial statistics suggest that trial would begin by August 2026. Id. at 30–31; DD Opp. 47; Ex. 1052, 35. 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. Additionally, there is insufficient evidence that the district court is likely to stay its proceeding even if the Board were to institute trial.” slip op. at 2

    • Settled expectationsInstitution denied settled expectationsInstitution denied

      “Further, the challenged patents have been in force for approximately ten, ten, eight, and eight years, respectively, creating strong settled expectations for Patent Owner. 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

    Discretionary denial
    Patents in suitUS 8,793,336
  • PTAB · Aug 14, 2025 · IPR2025-00539 · APJ Kalyan K Deshpande · IPR · Director review

    The Director denied institution of IPR2025-00539 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 for each of these cases is in October 2026. DD Req. 30. The district court’s scheduled trial date is April 20, 2026, and the time-to-trial statistics suggest that trial would begin by August 2026. Id. at 30–31; DD Opp. 47; Ex. 1052, 35. 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. Additionally, there is insufficient evidence that the district court is likely to stay its proceeding even if the Board were to institute trial.” slip op. at 2

    • Settled expectationsInstitution denied settled expectationsInstitution denied

      “Further, the challenged patents have been in force for approximately ten, ten, eight, and eight years, respectively, creating strong settled expectations for Patent Owner. 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

      “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 denial
    Patents in suitUS 8,793,336
  • PTAB · Aug 14, 2025 · IPR2025-00538 · APJ Kalyan K Deshpande · IPR · Director review

    The Director denied institution under § 314(a), finding that the district court schedule, likely duplication, and settled expectations favor discretionary denial.

    RulingsDirector review decision
    • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Denied

      “In particular, the projected final written decision due date for each of these cases is in October 2026. DD Req. 30. The district court’s scheduled trial date is April 20, 2026, and the time-to-trial statistics suggest that trial would begin by August 2026. Id. at 30–31; DD Opp. 47; Ex. 1052, 35. 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. Additionally, there is insufficient evidence that the district court is likely to stay its proceeding even if the Board were to institute trial.” slip op. at 2

    • Settled expectationsDenied

      “Further, the challenged patents have been in force for approximately ten, ten, eight, and eight years, respectively, creating strong settled expectations for Patent Owner.” slip op. at 3

    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied fintivInstitution denied settled expectationsInstitution 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 denial
    Patents in suitUS 8,825,801

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