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  • Ipr2026-00373Institution denied
    PTAB · Oct 8, 2026 · IPR2026-00373 · APJ John A Squires · IPR · Director review

    The Director denied institution in IPR2026-00373 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 inter partes review and post-grant review is denied in the following proceeding: IPR2026-00373 PGR2026-00055” slip op. at 1

    Discretionary denial
    Patents in suitUS 12,274,325
  • PTAB · Sep 24, 2026 · PGR2026-00039 · APJ John A Squires · PGR · Director review

    The Director denied the petition and instituted no trial because it was filed more than nine months after the patent issued, contrary to § 321(c).

    RulingsDirector review decision
    • PTAB / AIA Trials › §315(b) time barInstitution denied time barDenied

      “I agree with Patent Owner that the Petition is barred by § 321(c). Section 321(c) provides that “[a] petition for a post-grant review may only be filed not later than the date that is 9 months after the date of the grant of the patent or of the issuance of a reissue patent (as the case may be).” Joinder is authorized under 35 U.S.C. § 325(c), which provides that “[i]f more than 1 petition for a post-grant review under this chapter is properly filed against the same patent and the Director determines that more than 1 of these petitions warrants the institution of a post-grant review under section 324, the Director may consolidate such reviews into a single post-grant review.” Notably, the statutory authorization for joinder under § 325(c) does not provide an exception to the nine-month statutory bar, as it requires any petition considered for joinder to be “properly filed,” i.e., to meet the statutory filing requirements including the nine-month filing deadline recited in § 321(c). Petitioner argues that I have broad discretion to promulgate rules and permit exceptions, such as here where institution would increase efficiency. See Reply 2–3. I agree that my institution discretion is broad. But § 325(c) provides no exception to the time period in which a petition for post-grant review may be filed.1 The board rule on which Petitioner relies cannot override a clear statutory requirement, and Petitioner does not point” slip op. at 3

    • PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingJoinder, deniedDenied

      “Section 321(c) provides that “[a] petition for a post-grant review may only be filed not later than the date that is 9 months after the date of the grant of the patent or of the issuance of a reissue patent (as the case may be).” Joinder is authorized under 35 U.S.C. § 325(c), which provides that “[i]f more than 1 petition for a post-grant review under this chapter is properly filed against the same patent and the Director determines that more than 1 of these petitions warrants the institution of a post-grant review under section 324, the Director may consolidate such reviews into a single post-grant review.” Notably, the statutory authorization for joinder under § 325(c) does not provide an exception to the nine-month statutory bar, as it requires any petition considered for joinder to be “properly filed,” i.e., to meet the statutory filing requirements including the nine-month filing deadline recited in § 321(c). Petitioner argues that I have broad discretion to promulgate rules and permit exceptions, such as here where institution would increase efficiency. See Reply 2–3. I agree that my institution discretion is broad. But § 325(c) provides no exception to the time period in which a petition for post-grant review may be filed.1 The board rule on which Petitioner relies cannot override a clear statutory requirement, and Petitioner does not point 1 Although the Office continues to encourage joinder and early challenges to increase efficiency and resolve patentability challenges early in the life of the patent, these considerations must follow the statute.” slip op. at 3

    Discretionary denial
    Patents in suitUS 12,168,036
  • Ipr2026-00351Institution denied
    PTAB · Sep 23, 2026 · IPR2026-00351 · APJ John A Squires · IPR · Director review

    The Director denied institution of IPR2026-00351 after determining that the petitioner failed to show a reasonable likelihood of prevailing on at least one challenged claim.

    RulingsDirector review decision
    • Director reviewDirector review, deniedDenied

      “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

    • 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 11,878,049
  • Ipr2026-00343Institution denied
    PTAB · Aug 25, 2026 · IPR2026-00343 · APJ John A Squires · IPR · Director review

    The Director denied institution of IPR2026-00343 after reviewing discretionary and non-merits considerations.

    RulingsDirector review decision
    • Director reviewDirector review, deniedDenied

      “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: IPR2026-00342 IPR2026-00343” slip op. at 1

    • Other 314aInstitution denied discretionary otherInstitution denied

      “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:” slip op. at 1

    Discretionary denial
    Patents in suitUS 11,871,811
  • Ipr2026-00342Institution denied
    PTAB · Aug 25, 2026 · IPR2026-00342 · APJ John A Squires · IPR · Director review

    The Director denied institution of IPR2026-00342 after review of discretionary and non-merits considerations.

    RulingsDirector review decision
    • Director reviewDirector review, deniedDenied

      “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:” slip op. at 1

    Discretionary denial
    Patents in suitUS 11,633,006
  • Ipr2026-00338Institution denied
    PTAB · Aug 13, 2026 · IPR2026-00338 · APJ John A Squires · IPR · Director review

    The Director denied institution of IPR2026-00338 after review of 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: IPR2026-00268* IPR2026-00338 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: IPR2026-00268* IPR2026-00338 Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of” slip op. at 1

    Discretionary denial
    Patents in suitUS 8,738,103
  • Pgr2026-00039Institution denied
    PTAB · Aug 6, 2026 · PGR2026-00039 · APJ John A Squires · PGR · Director review

    The Director denied institution of PGR2026-00039 after discretionary review; the opinion explaining the denial is forthcoming.

    RulingsDirector review decision
    • Director reviewDirector review, deniedDenied

      “Before JOHN A. SQUIRES, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. NOTICE Pursuant to 35 U.S.C. § 314(a) and 324(a), after review of discretionary and non-merits considerations, institution of inter partes review and post-grant review is denied in the following proceedings: IPR2026-00295 IPR2026-00297 PGR2026-00023* IPR2026-00296 PGR2026-00039* IPR2026-00330 Pursuant to 35 U.S.C. §§ 314(a), after review of discretionary” slip op. at 1

    Discretionary denial
    Patents in suitUS 12,168,036
  • Pgr2026-00023Institution denied
    PTAB · Aug 6, 2026 · PGR2026-00023 · APJ John A Squires · PGR · Director review

    The Director denied institution of PGR2026-00023 after discretionary review; the accompanying notice states that opinions for the listed discretionary denials are forthcoming.

    RulingsDirector review decision
    • Other 314aInstitution denied discretionary otherDenied

      “NOTICE Pursuant to 35 U.S.C. § 314(a) and 324(a), after review of discretionary and non-merits considerations, institution of inter partes review and post-grant review is denied in the following proceedings: IPR2026-00295 IPR2026-00297 PGR2026-00023* IPR2026-00296 PGR2026-00039* IPR2026-00330 Pursuant to 35 U.S.C. §§ 314(a), after review of discretionary” slip op. at 1

    Discretionary denial
    Patents in suitUS 12,370,716
  • Ipr2026-00297Institution denied
    PTAB · Aug 6, 2026 · IPR2026-00297 · APJ John A Squires · IPR · Director review

    The Director denied institution of IPR2026-00297 after review of 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 inter partes review and post-grant review is denied in the following proceedings: IPR2026-00295 IPR2026-00297 PGR2026-00023* IPR2026-00296 PGR2026-00039* IPR2026-00330 Pursuant to 35 U.S.C. §§ 314(a), after review of discretionary” slip op. at 1

    • Other 314aInstitution denied discretionary otherInstitution denied

      “NOTICE Pursuant to 35 U.S.C. § 314(a) and 324(a), after review of discretionary and non-merits considerations, institution of inter partes review and post-grant review is denied in the following proceedings: IPR2026-00295 IPR2026-00297 PGR2026-00023* IPR2026-00296 PGR2026-00039* IPR2026-00330 Pursuant to 35 U.S.C. §§ 314(a), after review of discretionary” slip op. at 1

    Discretionary denial
    Patents in suitUS 12,079,667
  • Ipr2026-00295Institution denied
    PTAB · Aug 6, 2026 · IPR2026-00295 · APJ John A Squires · IPR · Director review

    The Director denied institution of IPR2026-00295 after review of 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 inter partes review and post-grant review is denied in the following proceedings: IPR2026-00295 IPR2026-00297 PGR2026-00023* IPR2026-00296 PGR2026-00039* IPR2026-00330 Pursuant to 35 U.S.C. §§ 314(a), after review of discretionary” slip op. at 1

    • Other 314aInstitution denied discretionary otherInstitution denied

      “NOTICE Pursuant to 35 U.S.C. § 314(a) and 324(a), after review of discretionary and non-merits considerations, institution of inter partes review and post-grant review is denied in the following proceedings: IPR2026-00295 IPR2026-00297 PGR2026-00023* IPR2026-00296 PGR2026-00039* IPR2026-00330 Pursuant to 35 U.S.C. §§ 314(a), after review of discretionary” slip op. at 1

    Discretionary denial
    Patents in suitUS 11,656,915
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