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Director Institution Decision – Discretionary DenialJune 24, 2026·IPR2026-00239

Apple Inc. v. WeCrevention, Inc.

Patent Trial and Appeal Board

Holding

The Director denied institution of Apple’s IPR petitions against WeCrevention’s high-speed memory chip module patents under discretionary § 314(a), applying Revvo and Infineon rather than reaching the prior-art merits. The denial rested on Apple’s unexplained inconsistent claim-construction positions between the PTAB and district court—particularly whether the preamble is limiting and whether “input/output unit” is a § 112(f) limitation with adequate corresponding structure.

Why It Matters

The decision reinforces a Director-review trend requiring petitioners to take a single, consistent claim-construction position across PTAB and district court or provide a persuasive explanation for any divergence. Discretionary denial can turn on litigation-position inconsistency even without a conventional NHK-Fintiv trial-date or investment analysis.

discretionary denial§ 314(a)parallel litigationclaim construction§ 112(f)§ 112(b)NHK-Fintiv§ 102§ 103§ 112(a)

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