Back to Blog
Director Institution Decision – Discretionary DenialJune 24, 2026·IPR2026-00241

Apple Inc. v. WeCrevention, Inc.

Patent Trial and Appeal Board

Holding

The Director denied institution under § 314(a) discretion for Apple’s IPR against WeCrevention’s memory-related Patent No. 10,998,017, finding Apple’s PTAB claim-construction position on “input/output unit” irreconcilable with its district-court indefiniteness position under § 112(f). Applying the Revvo/Infineon line of Director decisions, the Director held that Apple failed to provide an adequate explanation for taking inconsistent positions in parallel litigation and before the Board; no prior Board institution decision was reversed because institution was denied at the Director-discretion stage.

Why It Matters

This reinforces that petitioners must present and apply a single, consistent claim-construction theory across PTAB and district court or clearly explain any difference. A reservation of rights or non-concession on § 112(f)/indefiniteness can itself support discretionary denial when the IPR mapping depends on structure the petitioner attacks as inadequate in court.

discretionary denial§ 314(a)NHK-Fintivparallel litigationadvanced stageclaim construction§ 102§ 103§ 112(b)§ 112(f)§ 112(a)

More on this topic