- Whoop, Inc. v. Omni Medsci, Inc.InstitutedPTAB · 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 disclosurePatents in suitUS 12,193,790 - Samsung Electronics Co., Ltd. v. Netlist, Inc.Institution deniedPTAB · Apr 28, 2026 · PGR2026-00001 · APJ John A Squires · PGR · Director review
The Director denied the Petitions and instituted no trial, relying on the likely duplication, expense, and risk of inconsistent decisions from the parallel ITC investigation and an ineffective stipulation.
RulingsDirector review decision- Other 314aInstitution denied discretionary otherInstitution denied
“be due by May 20, 2027. See DD Req. 12. The challenged patent is the subject of a co-pending investigation at the International Trade Commission (“ITC”) against Petitioner, Google, and Super Micro. Id. at 11–14; PO Reply 1. The hearing in the parallel ITC investigation is set to begin on November 23, 2026, and the final initial determination is set for May 3, 2027. PO Reply 1–2; Ex. 2062. As such, it is unlikely that the final written decisions in the above-captioned proceedings will issue before a final determination in the ITC investigation, resulting in significant duplication of effort, additional expense for the parties, and a risk of inconsistent decisions.” slip op. at 2
Discretionary denialPatents in suitUS 12,373,366 - Therabody, Inc. v. Hyperice IP Subco, LLCNo claims unpatentablePTAB · Apr 20, 2026 · PGR2024-00053 · APJ Alyssa A Finamore · PGR · Final written decision
Petitioner did not prove claims 34–38, 40, 41, 43–46, and 58–60 unpatentable under § 112(a), § 112(b), or any asserted § 103 ground.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“The parties’ proffered definitions for the level of ordinary skill in the art differ in the details of the experience a POSITA would possess. Petitioner’s definition requires experience with rotating or reciprocating mechanisms, whereas Patent Owner’s definition requires experience with devices for human use and interaction. These differences, however, do not affect our analysis of the issues in this case. For purposes of this Decision, we adopt Petitioner’s definition of level of ordinary skill in the art.” slip op. at 8
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Term construed petitioner constructionDecided for petitioner
“During oral argument, Petitioner confirmed it would not object to the Board adopting the construction that Petitioner proposes in the district court litigation. JUDGE MARSCHALL: I think the Petitioner wouldn’t object if we adopted the construction that Petitioner proposed in the district court, especially the “designed to” construction, correct? MR. BERG: No. We wouldn’t object to that. And we think that our Petition is on all fours with that construction. Tr. 81:12–16. As Petitioner does not object to adopting its construction from the district court litigation, we construe claim element 34[e] in accordance with Petitioner’s construction from the district court litigation.” slip op. at 10
- Disclosure Requirements (§112) › Written description (Ariad)Written description adequateNot shown unpatentable
“The invention, a reciprocating massage device, is in a predictable field, namely the electro-mechanical arts. Also, there is no evidence that the recited quick release connector is complex, even considering Patent Owner’s alleged understanding of it. Rather, Dr. Pratt testifies that a POSITA would be able to recognize a quick release connector for a particular application. According to Dr. Pratt, A person of ordinary skill in the art would consider a number of factors, depending on the context and specific application of the connector, to determine whether a connector provides a “quick release.” Such factors could include whether the connector is designed to manually and easily connect and disconnect two objects, and whether tools are necessary to do so. Other factors to be considered may be based on the specific application or operating environment. Ex. 1002 ¶ 58. Given the predictability of the electro-mechanical arts and lack of complexity of the recited quick release connector, a low level of detail is required to satisfy the written description requirement. See RAI Strategic Holdings, Inc. v. Philip Morris Prods. S.A., 92 F.4th 1085, 1090 (Fed. Cir. 2024) (“Given the predictability of electro-mechanical inventions such as the one at issue here, and the lack of complexity of the particular claim limitation at issue—i.e., reciting the length of a heating member—‘a lower level of detail is required to satisfy the written description requirement than for unpredictable arts.’” (quoting Hologic, Inc. v. Smith & Nephew, Inc., 884 F.3d 1357, 1361 (Fed. Cir. 2018)). In view of the low level of detail required to satisfy the written description requirement, Petitioner has not persuaded us that the Specification’s example of a quick release connector configured to secure the massaging head as the piston reciprocates fails to provide sufficient written description support for the “quick release connector . . . configured to secure a first massaging head while the piston reciprocates a predetermined stroke length at the first speed” recited in claim element 34[e]. 4. Conclusion for Written Description For the reasons set forth above in sections II.C.1–3, Petitioner has not persuaded us that any aspect of claim element 34[e] lacks written description support. Petitioner has not proven, by a preponderance of the evidence, that independent claim 34, as well as any of claims 35–38, 40, 41, 43–46, and 58–60 depending therefrom, are unpatentable under 35 U.S.C. § 112(a).” slip op. at 18
- Disclosure Requirements (§112) › Definiteness (Nautilus)DefiniteNot shown unpatentable
“Contrary to Petitioner’s assertion, the Specification provides guidance as to what amount of deviation from a perfect cylinder is still “substantially cylindrical.” The Specification describes that quick-connect system 600 includes two magnets with opposite poles facing each other: magnet 606 in the distal end of piston 602 and magnet 624 located in cylindrical pocket 622 of massaging head 620. Ex. 1001, 6:57–67, Figs. 6, 6A. The Specification further describes that “when the shaft 621 of massaging head 620 is slid into opening in bore 608, the magnets 606 and 624 are attracted to one another and magnetically hold massaging head 620 firmly in place.” Id. at 6:67–7:3. In view of the description of quick-connect system 600, the Specification sets forth a standard for ascertaining whether the pocket is “substantially cylindrical.” To wit, the pocket is “substantially cylindrical” when the pocket receives a magnet therein so that the magnets can magnetically hold the massaging head firmly in place. Furthermore, Dr. Pratt testifies that “[m]agnetic connectors comprise a magnet on at least one of the two objects to be joined. These types of connectors are ubiquitous even today for driving threaded fasteners.” Ex. 1002 ¶ 55. Dr. Pratt also testifies that a POSITA would understand how to take into account certain variances, like runout. Ex. 2033, 25:3–17. Dr. Pratt’s testimony shows that magnetic connectors are well known and that a POSITA would be able to determine whether the pocket was “substantially cylindrical” for a secure connection of the massaging head. In view of the foregoing, Petitioner has not persuaded us that the claim term “substantially cylindrical” recited in independent claim 34 fails to inform, with reasonable certainty, the shape of the pocket. Petitioner has not proven, by a preponderance of the evidence, that independent claim 34, as well as claims 35–38, 40, 41, 43–46, and 58–60 depending therefrom, are unpatentable under 35 U.S.C. § 112(b) as indefinite.” slip op. at 21
Patent outcomesUS 11,857,482 not shown unpatentableClaim construction§ 103 obviousness§ 112 disclosurecites PhillipsPatents in suitUS 11,857,482 - Pgr2026-00008Institution deniedPTAB · Apr 6, 2026 · PGR2026-00008 · APJ John A Squires · PGR · Director review
The Director denied institution of PGR2026-00008 after finding that the petitioner failed to meet the merits threshold.
RulingsDirector review decision- Director reviewDirector review, deniedDenied
“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 or post-grant review is denied in the following proceedings: IPR2026-00070 PGR2026-00008 Pursuant to 35 U.S.C. § 314(a), after review of the merits, the” slip op. at 1
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“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 or post-grant review is denied in the following proceedings: IPR2026-00070 PGR2026-00008 Pursuant to 35 U.S.C. § 314(a), after review of the merits, the” slip op. at 1
NonePatents in suitUS 12,337,715 - Pgr2026-00003OtherPTAB · Apr 1, 2026 · PGR2026-00003 · APJ John A Squires · PGR · Order
The Director granted institution of PGR2026-00003 after finding the petition met the merits threshold and no non-discretionary consideration warranted denial.
RulingsOther- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“IPR2025-01588 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 or post-grant review is granted in the following proceedings:” slip op. at 2
NonePatents in suitUS 12,193,790 - Pgr2026-00011Institution deniedPTAB · Mar 23, 2026 · PGR2026-00011 · APJ John A Squires · PGR · Institution
The Board denied institution of PGR2026-00011 because the petitioner failed to show that at least one challenged claim was more likely than not unpatentable.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“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 or post-grant review is denied in the following proceedings: IPR2026-00034 PGR2026-00010 PGR2026-00011” slip op. at 2
NonePatents in suitUS 12,220,935 - Pgr2026-00010Institution deniedPTAB · Mar 23, 2026 · PGR2026-00010 · APJ John A Squires · PGR · Institution
The Director denied institution of PGR2026-00010 because the petitioner failed to show the required likelihood that at least one challenged claim is unpatentable.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“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 or post-grant review is denied in the following proceedings:” slip op. at 2
NonePatents in suitUS 12,214,225 - Pgr2026-00001Institution deniedPTAB · Mar 23, 2026 · PGR2026-00001 · APJ John A Squires · PGR · Director review
The Director denied institution in PGR2026-00001 after review of discretionary and non-merits considerations.
RulingsDirector review decision- Director reviewDirector review, deniedDenied
“NOTICE Pursuant to 35 U.S.C. § 314(a) and § 324(a), after review of discretionary and non-merits considerations, institution of inter partes review or post-grant review is denied in the following proceedings: IPR2025-014821 IPR2026-000971 IPR2026-00153 IPR2025-01601 IPR2026-00141 IPR2026-00154 IPR2025-01602 IPR2026-00142 PGR2026-000011 IPR2025-01604 IPR2026-00144 IPR2026-000181” slip op. at 1
Discretionary denialPatents in suitUS 12,373,366 - Pgr2025-00084Institution deniedPTAB · Mar 17, 2026 · PGR2025-00084 · APJ John A Squires · PGR · Institution
The Board denied institution of PGR2025-00084 because the petitioner did not show it was 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)Institution denied meritsInstitution denied
“Pursuant to 35 U.S.C. § 324(a), after review of the merits, the petitioner has failed to show that it is more likely than not that at least one of the claims challenged in the petition is unpatentable. Accordingly, institution of post-grant review is denied in the following proceedings: PGR2025-00084 PGR2025-00089” slip op. at 2
NonePatents in suitUS 12,174,106 - Pgr2025-00089Institution deniedPTAB · Mar 17, 2026 · PGR2025-00089 · APJ John A Squires · PGR · Institution
The Board denied institution of PGR2025-00089 because the petitioner did not show that at least one challenged claim was more likely than not unpatentable.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“Pursuant to 35 U.S.C. § 324(a), after review of the merits, the petitioner has failed to show that it is more likely than not that at least one of the claims challenged in the petition is unpatentable. Accordingly, institution of post-grant review is denied in the following proceedings: PGR2025-00084 PGR2025-00089” slip op. at 2
NonePatents in suitUS 12,258,111
Holdings, summaries, rulings, issues, outcomes, winners and claim constructions shown for a decision were generated by a large language model reading the opinion. They are a guide to the decision, not the decision. Confirm every one against the court's own text before relying on it. Outcomes read from the patent owner’s side. Party names are extracted from the decision and are missing on about 900 short Director denials and scans, which carry the trial number instead.