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  • PTAB · Jul 28, 2026 · IPR2026-00102 · APJ John A Squires · IPR · Institution

    The Board denied institution because the petition did not sufficiently explain where the prior art taught the claimed elements.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied

      “Petitioner is required to show how the construed claim is unpatentable under the asserted grounds by “specify[ing] where each element of the claim is found in the prior art patents or printed publications relied upon.” 37 C.F.R. § 42.104(b)(4). Here, Petitioner fails to specify where in the prior art each claim element is found. For example, Petitioner’s analysis based on Signore and Weaver includes a statement that each reference “discloses pressure mandrels with tap shoes,” with quotations from the references and colorized figures. See Pet. 49–51. Yet Petitioner does not explain why Signore’s “plurality of torque clamps” teach “tap shoes,” and Petitioner’s highlighting of a figure from Weaver does not elucidate which elements from Weaver that Petitioner regards as “tap shoes.” See id. As such, I find Petitioner’s showing to be insufficient for institution. “It is of the utmost importance that petitioners in the IPR proceedings adhere to the requirement that the initial petition identify ‘with particularity’ the ‘evidence that supports the grounds for the challenge to each claim.’” Intelligent Bio-Sys., Inc. v. Illumina Cambridge Ltd., 821 F.3d 1359, 1369 (Fed. Cir. 2016) (quoting 35 U.S.C. § 312(a)(3)).” slip op. at 2

    • BurdenDenied

      “Petitioner is required to show how the construed claim is unpatentable under the asserted grounds by “specify[ing] where each element of the claim is found in the prior art patents or printed publications relied upon.” 37 C.F.R. § 42.104(b)(4). Here, Petitioner fails to specify where in the prior art each claim element is found. For example, Petitioner’s analysis based on Signore and Weaver includes a statement that each reference “discloses pressure mandrels with tap shoes,” with quotations from the references and colorized figures. See Pet. 49–51. Yet Petitioner does not explain why Signore’s “plurality of torque clamps” teach “tap shoes,” and Petitioner’s highlighting of a figure from Weaver does not elucidate which elements from Weaver that Petitioner regards as “tap shoes.” See id. As such, I find Petitioner’s showing to be insufficient for institution. “It is of the utmost importance that petitioners in the IPR proceedings adhere to the requirement that the initial petition identify ‘with particularity’ the ‘evidence that supports the grounds for the challenge to each claim.’” Intelligent Bio-Sys., Inc. v. Illumina Cambridge Ltd., 821 F.3d 1359, 1369 (Fed. Cir. 2016) (quoting 35 U.S.C. § 312(a)(3)).” slip op. at 2

    None
    Patents in suitUS 12,104,578
  • Ipr2026-00321Institution denied
    PTAB · Jul 28, 2026 · IPR2026-00321 · APJ John A Squires · IPR · Director review

    The Director denied institution in IPR2026-00321 after reviewing discretionary and non-merits considerations.

    RulingsDirector review decision
    • Director reviewDirector review, deniedDenied

      “NOTICE Pursuant to 35 U.S.C. § 314(a), after review of discretionary and non- merits considerations, institution of inter partes review is denied in the following proceedings: IPR2026-00320 IPR2026-00321 IPR2026-00322 Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of” slip op. at 1

    • Other 314aInstitution denied discretionary otherInstitution denied

      “NOTICE Pursuant to 35 U.S.C. § 314(a), after review of discretionary and non- merits considerations, institution of inter partes review is denied in the following proceedings: IPR2026-00320 IPR2026-00321 IPR2026-00322 Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of” slip op. at 1

    Discretionary denial
    Patents in suitUS 9,313,101
  • Ipr2026-00320Institution denied
    PTAB · Jul 28, 2026 · IPR2026-00320 · APJ John A Squires · IPR · Director review

    The Director denied institution of IPR2026-00320 after review of discretionary and non-merits considerations.

    RulingsDirector review decision
    • Other 314aInstitution denied discretionary otherInstitution denied

      “NOTICE Pursuant to 35 U.S.C. § 314(a), after review of discretionary and non- merits considerations, institution of inter partes review is denied in the following proceedings: IPR2026-00320 IPR2026-00321 IPR2026-00322 Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of” slip op. at 1

    Discretionary denial
    Patents in suitUS 8,780,887
  • Ipr2026-00230Institution denied
    PTAB · Jul 28, 2026 · IPR2026-00230 · APJ John A Squires · IPR · Institution

    Institution of inter partes review in IPR2026-00230 was denied because the petitioner failed to show the required likelihood of prevailing.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied

      “Pursuant to 35 U.S.C. § 314(a), after review of the merits, the petitioner has failed to show a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as appropriate. Accordingly, institution of inter partes review is denied in the following proceedings:” slip op. at 2

    None
    Patents in suitUS 11,824,136
  • PTAB · Jul 27, 2026 · IPR2025-01570 · APJ Monica S Ullagaddi · IPR · Final written decision

    The majority held claims 1–19 not shown unpatentable: Wang did not anticipate claims 1–10, and Wang with Xiong did not render claims 11–19 obvious.

    RulingsFinal written decision
    • Skill levelSkill level petitioner adoptedOther

      “field of the ’690 Patent would have had at least (1) an undergraduate degree in electrical engineering, computer engineering, computer science, or a comparable field of study and (2) at least two years of experience with optical data communications or a comparable field of work.” Pet. 14 (citing Ex. 1003 ¶ 22). Petitioner also states that “[i]ndividuals having different educational backgrounds and supplemental experience might still be of ordinary skill in the art if such experience compensates for any deficiencies in education relative to the criteria stated above” and “[i]n some cases, additional education might be an acceptable substitute for some experience, or vice versa.” Id. Patent Owner does not dispute Petitioner’s characterization of the level of skill in the art. See e.g., PO Resp. 9. We adopt Petitioner’s unopposed definition of the level of ordinary skill in the art as it appears consistent with the disclosures of the ’690 patent and the prior art of record. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001).” slip op. at 7

    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther

      “Patent is self-explanatory and would have been recognized by a [person of ordinary skill in the art] as having plain and ordinary meanings.” Pet. 10. “Petitioner submits that no special constructions are required” because “the claim terms appear understandable in the context of the disclosure provided by the specification of the ’690 Patent.” Id. (citing Ex. 1003 ¶ 58). Patent Owner “agrees that the claim terms should be given their plain and ordinary meaning as understood by a [person of ordinary skill in the art].” PO Resp. 10. After reviewing the arguments and evidence before us, we determine that we do not need to expressly construe any claim term to resolve any controversy in the proceeding. Realtime Data, LLC v. Iancu, 912 F.3d 1368, 1375 (Fed. Cir. 2019) (“The Board is required to construe ‘only those 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))).” slip op. at 8

    • BurdenNot shown unpatentable

      “Also relevant to our analysis is that this is an anticipation ground and Petitioner is required to show that the reference discloses not only the elements of the claimed invention, but also discloses those elements as arranged in the claim. Net MoneyIN, Inc. v. VeriSign, Inc., 545 F.3d 1359, 1371 (Fed. Cir. 2008). Although our Institution Decision concluded that Petitioner had demonstrated a reasonable likelihood of prevailing with respect to its anticipation challenge to independent claim 1 applying Wang (Inst. Dec. 6), at this stage of the proceeding we are required to evaluate Petitioner’s challenges under a higher standard, the preponderance of evidence standard. For the foregoing reasons, we are not persuaded that Petitioner sufficiently establishes that claim 1 is unpatentable under 35 U.S.C. § 102 as anticipated by Wang by a preponderance of the evidence.” slip op. at 13

    • Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)Not shown unpatentableNot shown unpatentable

      “Wang discloses that “the isolator 100 is bonded to the substrate by means of an adhesive” in which “[t]he adhesive is not only used to fix the isolator 100 to the substrate, but also fills a gap between the isolator 100 and the substrate to improve the installation accuracy of the isolator 100.” Ex. 1006 ¶ 41 (emphasis added). Petitioner does not explain how filling in a gap between the isolator 100 and a substrate necessarily results in “each of the plurality of optical isolators [being] disposed substantially in parallel relative to each other,” as recited in claim 1. The cited portion in paragraph 43 references Figures 5 and 6, which depict Embodiment 1 of Wang and are reproduced below. Figures 5 and 6 of Wang depict isolators 100, base 311, and baffles 312. Although paragraph 44 of Wang states that “[t]he substrate includes a base 311, and baffles 312 and isolators 100 sequentially disposed on the base 311,” Petitioner does not sufficiently persuade us how Wang’s disclosure “sequentially disposed” isolators necessarily discloses that the isolators are “disposed substantially in parallel relative to each other” as recited in independent claim 1. Ex. 1006 ¶ 44. Although the cited portion in Figure 6 of Wang apparently shows a possibly parallel arrangement of Petitioner cites to Dr. Kirk’s Declaration, but Dr. Kirk does not opine on why cited portions of Wang necessarily disclose or depict the claimed “disposed substantially in parallel relative to each other” requirement. Ex. 1003 ¶¶ 73, 74; Ex. 1006 ¶¶ 41, 43, Figs. 6, 8, 10. At best, Dr. Kirk testifies that “a POSITA would have understood that Wang anticipates Claim 1.” Ex. 1003 ¶ 75. Also relevant to our analysis is that this is an anticipation ground and Petitioner is required to show that the reference discloses not only the elements of the claimed invention, but also discloses those elements as arranged in the claim. Net MoneyIN, Inc. v. VeriSign, Inc., 545 F.3d 1359, 1371 (Fed. Cir. 2008). Although our Institution Decision concluded that Petitioner had demonstrated a reasonable likelihood of prevailing with respect to its anticipation challenge to independent claim 1 applying Wang (Inst. Dec. 6), at this stage of the proceeding we are required to evaluate Petitioner’s challenges under a higher standard, the preponderance of evidence standard.” slip op. at 12

    Patent outcomesUS 10,788,690 not shown unpatentable
    Claim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 10,788,690
  • PTAB · Jul 27, 2026 · IPR2025-00437 · APJ Monica S Ullagaddi · IPR · Final written decision

    The majority held claims 1–19 not unpatentable: Wang did not establish anticipation of claims 1–10, and Wang with Xiong did not establish obviousness of claims 11–19.

    RulingsFinal written decision
    • BurdenNot shown unpatentable

      “Wang discloses that “the isolator 100 is bonded to the substrate by means of an adhesive” in which “[t]he adhesive is not only used to fix the isolator 100 to the substrate, but also fills a gap between the isolator 100 and the substrate to improve the installation accuracy of the isolator 100.” Ex. 1006 ¶ 41 (emphasis added). Petitioner does not explain how filling in a gap between the isolator 100 and a substrate necessarily results in “each of the plurality of optical isolators [being] disposed substantially in parallel relative to each other,” as recited in claim 1. The cited portion in paragraph 43 references Figures 5 and 6, which depict Embodiment 1 of Wang and are reproduced below. Figures 5 and 6 of Wang depict isolators 100, base 311, and baffles 312. Although paragraph 44 of Wang states that “[t]he substrate includes a base 311, and baffles 312 and isolators 100 sequentially disposed on the base 311,” Petitioner does not sufficiently persuade us how Wang’s disclosure “sequentially disposed” isolators necessarily discloses that the isolators are “disposed substantially in parallel relative to each other” as recited in independent claim 1. Ex. 1006 ¶ 44. Although the cited portion in Figure 6 of Wang apparently shows a possibly parallel arrangement of Petitioner cites to Dr. Kirk’s Declaration, but Dr. Kirk does not opine on why cited portions of Wang necessarily disclose or depict the claimed “disposed substantially in parallel relative to each other” requirement. Ex. 1003 ¶¶ 73, 74; Ex. 1006 ¶¶ 41, 43, Figs. 6, 8, 10. At best, Dr. Kirk testifies that “a POSITA would have understood that Wang anticipates Claim 1.” Ex. 1003 ¶ 75. Also relevant to our analysis is that this is an anticipation ground and Petitioner is required to show that the reference discloses not only the elements of the claimed invention, but also discloses those elements as arranged in the claim. Net MoneyIN, Inc. v. VeriSign, Inc., 545 F.3d 1359, 1371 (Fed. Cir. 2008). Although our Institution Decision concluded that Petitioner had demonstrated a reasonable likelihood of prevailing with respect to its anticipation challenge to independent claim 1 applying Wang (Inst. Dec. 6), at this stage of the proceeding we are required to evaluate Petitioner’s challenges under a higher standard, the preponderance of evidence standard.” slip op. at 12

    • Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)Not shown unpatentableNot shown unpatentable

      “Wang discloses that “the isolator 100 is bonded to the substrate by means of an adhesive” in which “[t]he adhesive is not only used to fix the isolator 100 to the substrate, but also fills a gap between the isolator 100 and the substrate to improve the installation accuracy of the isolator 100.” Ex. 1006 ¶ 41 (emphasis added). Petitioner does not explain how filling in a gap between the isolator 100 and a substrate necessarily results in “each of the plurality of optical isolators [being] disposed substantially in parallel relative to each other,” as recited in claim 1. The cited portion in paragraph 43 references Figures 5 and 6, which depict Embodiment 1 of Wang and are reproduced below. Figures 5 and 6 of Wang depict isolators 100, base 311, and baffles 312. Although paragraph 44 of Wang states that “[t]he substrate includes a base 311, and baffles 312 and isolators 100 sequentially disposed on the base 311,” Petitioner does not sufficiently persuade us how Wang’s disclosure “sequentially disposed” isolators necessarily discloses that the isolators are “disposed substantially in parallel relative to each other” as recited in independent claim 1. Ex. 1006 ¶ 44. Although the cited portion in Figure 6 of Wang apparently shows a possibly parallel arrangement of Petitioner cites to Dr. Kirk’s Declaration, but Dr. Kirk does not opine on why cited portions of Wang necessarily disclose or depict the claimed “disposed substantially in parallel relative to each other” requirement. Ex. 1003 ¶¶ 73, 74; Ex. 1006 ¶¶ 41, 43, Figs. 6, 8, 10. At best, Dr. Kirk testifies that “a POSITA would have understood that Wang anticipates Claim 1.” Ex. 1003 ¶ 75. Also relevant to our analysis is that this is an anticipation ground and Petitioner is required to show that the reference discloses not only the elements of the claimed invention, but also discloses those elements as arranged in the claim. Net MoneyIN, Inc. v. VeriSign, Inc., 545 F.3d 1359, 1371 (Fed. Cir. 2008). Although our Institution Decision concluded that Petitioner had demonstrated a reasonable likelihood of prevailing with respect to its anticipation challenge to independent claim 1 applying Wang (Inst. Dec. 6), at this stage of the proceeding we are required to evaluate Petitioner’s challenges under a higher standard, the preponderance of evidence standard. For the foregoing reasons, we are not persuaded that Petitioner” slip op. at 12

    • Obviousness (§103) › Motivation to combine / reasonable expectation of successNot reached

      “challenge set forth in the Petition by citing the background of the ’690 patent and Dr. Willner’s deposition testimony and characterizing the same as “admissions” of Patent Owner in Petitioner’s Reply, such “evidence” did not form the basis of Appellant’s original position set forth in the Petition.6 Petitioner’s arguments that all of the components recited in claim 11 “were known in the prior art” or that Dr. Willner admitted the same are unpersuasive at least because the Petition did not set forth this position. Contrary to Petitioner’s arguments during the oral hearing, the Petition does not present challenges based on “Applicant Admitted Prior Art.” See generally Pet.” slip op. at 23

    • Skill levelSkill level petitioner adoptedDecided for petitioner

      “field of the ’690 Patent would have had at least (1) an undergraduate degree in electrical engineering, computer engineering, computer science, or a comparable field of study and (2) at least two years of experience with optical data communications or a comparable field of work.” Pet. 14 (citing Ex. 1003 ¶ 22). Petitioner also states that “[i]ndividuals having different educational backgrounds and supplemental experience might still be of ordinary skill in the art if such experience compensates for any deficiencies in education relative to the criteria stated above” and “[i]n some cases, additional education might be an acceptable substitute for some experience, or vice versa.” Id. Patent Owner does not dispute Petitioner’s characterization of the level of skill in the art. See e.g., PO Resp. 9. We adopt Petitioner’s unopposed definition of the level of ordinary skill in the art as it appears consistent with the disclosures of the ’690 patent and the prior art of record. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001).” slip op. at 7

    Patent outcomesUS 10,788,690 not shown unpatentable
    Claim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 10,788,690
  • Pgr2026-00027Institution denied
    PTAB · Jul 21, 2026 · PGR2026-00027 · APJ John A Squires · PGR · Institution

    The Board denied institution of PGR2026-00027 because the petitioner failed to show that at least one challenged claim was more likely than not unpatentable.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied

      “Pursuant to 35 U.S.C. § 314(a), after review of the merits, the petitioner has failed to show a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as appropriate. Accordingly, institution of inter partes review and post-grant review is denied in the following proceedings:” slip op. at 2

    None
    Patents in suitUS 12,297,278
  • Ipr2026-00270Institution denied
    PTAB · Jul 21, 2026 · IPR2026-00270 · IPR · Institution

    Institution of IPR2026-00270 was denied because the petitioner failed to show a reasonable likelihood of prevailing on at least one challenged claim.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied

      “Pursuant to 35 U.S.C. § 314(a), after review of the merits, the petitioner has failed to show a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as appropriate. Accordingly, institution of inter partes review and post-grant review is denied in the following proceedings:” slip op. at 2

    None
    Patents in suitUS 12,298,313
  • PTAB · Jul 15, 2026 · IPR2026-00100 · APJ Thu A Dang · IPR · Adverse judgment

    The Board granted adverse judgment against SitNet after its disclaimer left no challenged claims remaining in the instituted trial.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “judgment include: . . . [c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” 37 C.F.R. § 42.73(b)(2). “The application of the [adverse judgment] rule on its face does not turn on the patentee’s characterization of its own request.” Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345, 1349 (Fed. Cir. 2018). In this case, Patent Owner’s disclaimer of all claims of the ’290 patent leaves no claims remaining in the trial. Although Patent Owner argues that “it was filed to conserve the limited resources of the Board and the Parties in light of the fact that the ’290 Patent is no longer involved in any copending litigation” (Ex. 3001), we deem such argument not a persuasive reason as to why we should not apply § 42.73(b)(2), or why termination is more appropriate. Pursuant to 37 C.F.R. § 42.73(b)(2), we construe Patent Owner’s disclaimer of all claims at trial as a request for adverse judgment, which we grant.” slip op. at 3

    None
    Patents in suitUS 10,117,290
  • Ipr2026-00309Institution denied
    PTAB · Jul 14, 2026 · IPR2026-00309 · APJ John A Squires · IPR · Director review

    The Director denied institution of IPR2026-00309 after finding the petitioner failed to show a reasonable likelihood of prevailing on at least one challenged claim.

    RulingsDirector review decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied

      “Pursuant to 35 U.S.C. § 314(a), after review of the merits, the petitioner has failed to show a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition. Accordingly, institution of inter partes review is denied in the following proceedings:” slip op. at 2

    None
    Patents in suitUS 10,741,071

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.