Director Institution Decision – Discretionary DenialMay 7, 2026·IPR2026-00211
Cisco Systems, Inc. v. Damaka, Inc.
Patent Trial and Appeal Board
Holding
Institution of IPR2026-00211 was denied under 35 U.S.C. § 314(a) based on discretionary and non-merits considerations, without reaching the merits of the petition filed by Cisco Systems against Damaka's U.S. Patent No. 12,279,116.
Why It Matters
This batch denial confirms the Director is actively exercising § 314(a) discretion to deny institution on non-merits grounds, so practitioners should carefully evaluate and address all discretionary factors—particularly parallel litigation posture—before filing or responding to IPR petitions in TC 2100.
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