Centralized Expanded Discretionary Denial

"Just one day later, on September 26, the agency exercised that delegated authority to deny institution in fifteen IPR petitions covering eight patent groups. The denial decisions, though brief (each under two pages of text), reveal continued reliance on the expanded " Fintiv" framework that weighs parallel district court proceedings, while also emphasizing "settled expectations" based on patent age and petitioner delay."

"Why "Centralized Expanded Discretionary Denial"? I refer to this as the "Centralized Expanded Discretionary Denial Framework" rather than "Fintiv" or its variants because the current practice has evolved far beyond the original trial-timing analysis. The framework now encompasses multiple independent grounds: parallel litigation timing (Fintiv+), parallel avoidance commitments (Sotera+), settled expectations, customer suits, roadmapping, equitable delay, and business relationships. "Centralized" reflects the 2025 shift from PTAB panel decisions to Director-level review."

After confirmation, USPTO Director John Squires delegated authority over inter partes review (IPR) institution decisions to Deputy Director Coke Morgan Stewart on September 25, 2025. One day later, the agency denied institution in fifteen IPR petitions covering eight patent groups. The denial orders were brief but relied on an expanded “ Fintiv” framework that weighs parallel district-court proceedings and emphasizes settled expectations tied to patent age and petitioner delay. One denial occurred despite a stayed parallel district-court case, signaling discretionary denial grounds now extend beyond trial timing. The approach centralizes Director-level review and includes multiple independent factors such as avoidance commitments, customer suits, roadmapping, equitable delay, and business relationships.

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