Short Summary
The PTAB denied Google’s request for rehearing and refused to institute an IPR against Mullen Industries’ patent, citing the parallel district court trial and discretionary authority. The decision rests on six Fintiv factors and the weakness of the petition’s merits.
Detailed Summary
In IPR2025-00365, the Patent Trial and Appeal Board upheld the Director’s discretionary denial of institution for the petition filed by Google LLC and Samsung entities against Mullen Industries LLC’s U.S. Patent No. 11,234,117. The Board emphasized that the parallel district court case, scheduled for trial on November 3, 2025, would resolve the same issues months before any PTAB final written decision could be issued, rendering a second proceeding inefficient. Applying the six Fintiv factors—lack of a stay, trial timing, investment, issue overlap, identical parties, and weak petition merits—the Board found no error in denying institution. The petitioners’ arguments about a Sotera stipulation and alleged “settled expectations” were rejected as non‑dispositive. Consequently, the request for rehearing was denied and the IPR was not instituted.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before local courts. Understanding the court's reasoning in Google LLC et al. vs Mullen Industries LLC is valuable context for structuring arguments or assessing risk in similar proceedings.
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