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  • Ipr2026-00122Instituted
    PTAB · May 6, 2026 · IPR2026-00122 · APJ John A Squires · IPR · Institution

    The Director granted institution of IPR2026-00122 after finding the petition showed a reasonable likelihood of prevailing on at least one challenged claim and no non-discretionary bar to institution.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “merits, the petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as appropriate, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review or post-grant review is granted in the following proceedings:” slip op. at 2

    None
    Patents in suitUS 10,714,890
  • Ipr2026-00065Instituted
    PTAB · May 6, 2026 · IPR2026-00065 · APJ John A Squires · IPR · Institution

    The Director granted institution of IPR2026-00065 after finding a reasonable likelihood of prevailing on at least one challenged claim.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “merits, the petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as appropriate, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review or post-grant review is granted in the following proceedings: IPR2026-00065 IPR2026-00146 IPR2026-00150 IPR2026-00122 IPR2026-00147 PGR2026-00013 IPR2026-00123” slip op. at 2

    None
    Patents in suitUS 11,107,768
  • PTAB · May 6, 2026 · PGR2026-00003 · APJ John A Squires · PGR · Director review

    The Director instituted post-grant review of claim 7 of the ’790 patent under 35 U.S.C. § 324(a).

    RulingsDirector review decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “In this proceeding, Petitioner persuasively shows, on the current record, that the ’790 patent is an AIA patent. As Petitioner notes, during prosecution of the ’790 patent, Patent Owner certified that the ’790 patent application “contains, or contained at any time, a claim to a claimed invention that has an effective filing date on or after March 16, 2013.” Ex. 1002, 246; see Pet. 11–12. Patent Owner, therefore, acknowledged that the application was to be examined under the first inventor to file provisions of the AIA. Id. Also, Petitioner shows, for purposes of institution, that the provisional applications to which the ’790 patent claims priority do not provide written description support for a “wearable device adapted to be placed on a wrist or a hand dorsal of a user,” such that the detection system of the wearable device has a “plurality of detectors arranged along an arc,” as recited in claim 2. Pet. 13.1 Although Patent Owner asserts that one of the provisional applications provides written description support via a figure illustrating a mouth guard design and a disclosure that “[t]he non-invasive devices may be part of a series of biosensors applied to the patient,” I do not find this persuasive based on the current record. See Paper 6, 16–17 (citing Ex. 1071, 15–16, 29, 40); Ex. 1071, 7, 29, 40. Even if the mouth guard could be considered to have detectors arranged in an arc, the mouth guard is used to “perform a non-invasive measurement for dental caries” and is not described as “adapted to be placed on a wrist or a hand dorsal of a user,” as claim 2 requires. See Ex. 1071, 7, 29, 18–19, 40.” slip op. at 3

    • Disclosure Requirements (§112) › Written description (Ariad)Decided for petitioner

      “record, that the ’790 patent is an AIA patent. As Petitioner notes, during prosecution of the ’790 patent, Patent Owner certified that the ’790 patent application “contains, or contained at any time, a claim to a claimed invention that has an effective filing date on or after March 16, 2013.” Ex. 1002, 246; see Pet. 11–12. Patent Owner, therefore, acknowledged that the application was to be examined under the first inventor to file provisions of the AIA. Id. Also, Petitioner shows, for purposes of institution, that the provisional applications to which the ’790 patent claims priority do not provide written description support for a “wearable device adapted to be placed on a wrist or a hand dorsal of a user,” such that the detection system of the wearable device has a “plurality of detectors arranged along an arc,” as recited in claim 2. Pet. 13.1 Although Patent Owner asserts that one of the provisional applications provides written description support via a figure illustrating a mouth guard design and a disclosure that “[t]he non-invasive devices may be part of a series of biosensors applied to the patient,” I do not find this persuasive based on the current record. See Paper 6, 16–17 (citing Ex. 1071, 15–16, 29, 40); Ex. 1071, 7, 29, 40. Even if the mouth guard could be considered to have detectors arranged in an arc, the mouth guard is used to “perform a non-invasive measurement for dental caries” and is not described as “adapted to be placed on a wrist or a hand dorsal of a user,” as claim 2 requires. See Ex. 1071, 7, 29, 18–19, 40.” slip op. at 3

    § 112 disclosure
    Patents in suitUS 12,193,790
  • Ipr2026-00148Instituted
    PTAB · Apr 28, 2026 · IPR2026-00148 · APJ John A Squires · IPR · Institution

    The Director granted institution of IPR2026-00148 after finding a reasonable likelihood of success on at least one challenged claim and no other non-discretionary basis for denial.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review is granted in the following proceedings:” slip op. at 2

    None
    Patents in suitUS 11,190,590
  • PTAB · Apr 28, 2026 · IPR2026-00145 · APJ John A Squires · IPR · Order

    The Director granted institution in IPR2026-00145 after finding a reasonable likelihood of prevailing on at least one challenged claim and no other non-discretionary basis for denial.

    RulingsOther
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review is granted in the following proceedings: IPR2026-00106 IPR2026-00145 IPR2026-00148 IPR2026-00129” slip op. at 2

    None
    Patents in suitUS 11,128,710
  • Ipr2026-00129Instituted
    PTAB · Apr 28, 2026 · IPR2026-00129 · APJ John A Squires · IPR · Institution

    The Director granted institution of IPR2026-00129 after finding a reasonable likelihood of prevailing on at least one challenged claim and no other nondiscretionary basis to deny institution.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review is granted in the following proceedings:” slip op. at 2

    None
    Patents in suitUS 12,158,250
  • Ipr2026-00106Instituted
    PTAB · Apr 28, 2026 · IPR2026-00106 · APJ John A Squires · IPR · Institution

    The Director granted institution of IPR2026-00106 after finding a reasonable likelihood of prevailing on at least one challenged claim and no non-discretionary basis to deny institution.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review is granted in the following proceedings:” slip op. at 2

    None
    Patents in suitUS 10,321,320
  • Ipr2026-00130Instituted
    PTAB · Apr 22, 2026 · IPR2026-00130 · APJ John A Squires · IPR · Institution

    Institution is granted in IPR2026-00130 because the petition shows a reasonable likelihood of prevailing on at least one challenged claim and no non-discretionary considerations warrant denial.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, and no other non- discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review is granted in the following proceedings: IPR2026-00095 IPR2026-00121 IPR2026-00130 IPR2026-00100 IPR2026-00124” slip op. at 1

    None
    Patents in suitUS 9,318,609
  • PTAB · Apr 22, 2026 · IPR2026-00124 · APJ John A Squires · IPR · Order

    The Director granted institution of IPR2026-00124 after finding a reasonable likelihood of prevailing on at least one challenged claim and no other discretionary consideration warranted denial.

    RulingsOther
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, and no other non- discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review is granted in the following proceedings: IPR2026-00095 IPR2026-00121 IPR2026-00130 IPR2026-00100 IPR2026-00124” slip op. at 1

    None
    Patents in suitUS 11,096,797
  • PTAB · Apr 22, 2026 · IPR2026-00121 · APJ John A Squires · IPR · Order

    The Director granted institution of IPR2026-00121 after finding a reasonable likelihood of prevailing on at least one challenged claim and no discretionary reason to deny.

    RulingsOther
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, and no other non- discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review is granted in the following proceedings: IPR2026-00095 IPR2026-00121 IPR2026-00130 IPR2026-00100 IPR2026-00124” slip op. at 1

    None
    Patents in suitUS 11,864,755

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