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  • Ipr2026-00303Instituted
    PTAB · Aug 25, 2026 · IPR2026-00303 · APJ John A Squires · IPR · Institution

    The Director granted institution of IPR2026-00303 after finding a reasonable likelihood of prevailing 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 9,859,202
  • Ipr2026-00291Instituted
    PTAB · Aug 25, 2026 · IPR2026-00291 · APJ John A Squires · IPR · Institution

    The Director granted institution of IPR2026-00291 after finding a reasonable likelihood of prevailing on at least one challenged claim and no other 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: IPR2026-00286 IPR2026-00288 IPR2026-00291 IPR2026-00287 IPR2026-00289 IPR2026-00303” slip op. at 2

    None
    Patents in suitUS 12,313,320
  • Ipr2026-00289Instituted
    PTAB · Aug 25, 2026 · IPR2026-00289 · APJ John A Squires · IPR · Institution

    The Director granted institution in IPR2026-00289 after finding a reasonable likelihood of prevailing on at least one challenged claim and no non-discretionary reason to deny institution.

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

      “Pursuant to 35 U.S.C. § 314(a), after review of the merits, the 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: IPR2026-00286 IPR2026-00288 IPR2026-00291 IPR2026-00287 IPR2026-00289 IPR2026-00303” slip op. at 2

    None
    Patents in suitUS 11,971,937
  • Ipr2026-00288Instituted
    PTAB · Aug 25, 2026 · IPR2026-00288 · APJ John A Squires · IPR · Institution

    The Board granted institution of IPR2026-00288 after finding a reasonable likelihood of prevailing 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: IPR2026-00286 IPR2026-00288 IPR2026-00291 IPR2026-00287 IPR2026-00289 IPR2026-00303” slip op. at 2

    None
    Patents in suitUS 11,100,184
  • Ipr2026-00286Instituted
    PTAB · Aug 25, 2026 · IPR2026-00286 · APJ John A Squires · IPR · Institution

    The Director granted institution of IPR2026-00286 after finding a reasonable likelihood of prevailing on at least one challenged claim and no 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: IPR2026-00286 IPR2026-00288 IPR2026-00291 IPR2026-00287 IPR2026-00289 IPR2026-00303” slip op. at 2

    None
    Patents in suitUS 10,585,959
  • PTAB · Aug 20, 2026 · IPR2026-00162 · APJ John A Squires · IPR · Director review

    The Director granted the petition and instituted inter partes review of claims 8, 9, 13, and 17–21 based on Palmatier.

    RulingsDirector review decision
    • Director reviewOther

      “Before JOHN A. SQUIRES, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. DECISION Granting Institution of Inter Partes Review” slip op. at 1

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

      “1 US 9,445,919 B2, issued Sept. 20, 2016 (Ex. 1057). 2 At this preliminary stage, Petitioner establishes a reasonable likelihood that Palmatier anticipates or renders obvious the challenged claims (Pet. 22–66), and Patent Owner does not challenge Petitioner’s showings as to Palmatier.” slip op. at 2

    • BurdenDecided for petitioner

      “1 US 9,445,919 B2, issued Sept. 20, 2016 (Ex. 1057). 2 At this preliminary stage, Petitioner establishes a reasonable likelihood that Palmatier anticipates or renders obvious the challenged claims (Pet. 22–66), and Patent Owner does not challenge Petitioner’s showings as to Palmatier.” slip op. at 2

    • Novelty / Anticipation (§102) › Priority / effective filing date / continuation supportDecided for petitioner

      “Patent Owner does present some evidence of conception, diligence, and constructive reduction to practice, but Petitioner persuasively disparages that evidence on the preliminary record. For example, Patent Owner relies on April and May 2011 emails exchanged between two or more of the named inventors (Exs. 2027–2031, 2056, 2057, 2059) and a declaration from one of the named inventors, Dr. Nathan Moskowitz (Ex. 2024), to show conception of the claimed subject matter. Prelim. Resp. 8–61. Patent Owner also relies on Dr. Moskowitz’s declaration and emails (Exs. 2045, 2049, 2050) to show reasonably continuous diligence leading up to the filing of a provisional patent application. Id. at 63–66. Petitioner asserts that the documentary evidence does not show conception of the claimed “ridges,” in part, because a key email attachment regarding an embodiment for ridges has not been provided. Pet. Reply 1–4. Petitioner also asserts that Patent Owner’s relies on the declaration testimony from only one named inventor, which is vague and should be the subject of cross-examination. Id. Given these disputes, during trial, the parties are free to develop the record as to the asserted prior conception and diligent reduction to practice of the claimed subject matter, relative to Palmatier’s filing date.” slip op. at 3

    § 102 anticipation
    Patents in suitUS 12,011,367
  • Ipr2026-00278Instituted
    PTAB · Aug 19, 2026 · IPR2026-00278 · APJ John A Squires · IPR · Institution

    The Director granted institution of IPR2026-00278 after finding a reasonable likelihood of prevailing on at least one challenged claim and no basis for nondiscretionary 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: IPR2026-00262 IPR2026-00278” slip op. at 2

    None
    Patents in suitUS 11,387,982
  • Ipr2026-00262Instituted
    PTAB · Aug 19, 2026 · IPR2026-00262 · APJ John A Squires · IPR · Institution

    The Director granted institution of IPR2026-00262 after finding the petitioner showed 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

      “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 7,057,509
  • Pgr2026-00031Instituted
    PTAB · Aug 13, 2026 · PGR2026-00031 · APJ John A Squires · PGR · Institution

    PGR2026-00031 was instituted because the petitioner showed it is more likely than not that at least one challenged claim is unpatentable.

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

      “petitioner has shown that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of post-grant review is granted in the following proceeding: PGR2026-00031” slip op. at 2

    None
    Patents in suitUS 12,349,941
  • Ipr2026-00213Instituted
    PTAB · Aug 6, 2026 · IPR2026-00213 · APJ John A Squires · IPR · Institution

    Institution is granted in IPR2026-00213 after the petitioner showed 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

      “Pursuant to 35 U.S.C. § 314(a) and 324(a), after review of the merits, the petitioner has failed to show 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. Accordingly, institution of inter partes review is denied in the following proceedings: None Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of the 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 and post-grant review is granted in the following proceedings:” slip op. at 2

    None

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