Klein Tools, Inc. v. Milwaukee Electric Tool Corporation

This Inter Partes Review (IPR) proceeding, IPR2026-00233, involves two prominent operating companies in the tool manufacturing industry: Klein Tools, Inc. as the Petitioner, and Milwaukee Electric Tool Corporation as the Patent Owner. Klein Tools, established in 1857, is a privately owned American company renowned for designing, developing, manufacturing, and selling professional-grade hand tools, particularly popular among electricians and in the telecommunications and construction industries. Milwaukee Electric Tool Corporation, founded in 1924, is an American multinational company known for developing, manufacturing, and marketing a wide range of power tools, hand tools, tool accessories, and storage solutions, operating as an independent subsidiary of TTI Group. Both companies are significant players in the professional tool market, engaging in direct competition across various product lines.

The patents at issue in this IPR is US Patent No. 11,656,067, which is technically described as a "tape measure with tape blade profile increasing tape standout". The accused products are certain tape measures manufactured by Klein Tools, specifically models such as the 9225 (25-Foot Magnetic Double-Hook), 9125AL (25-Foot Single-Hook Auto-Lock), and 9125 (25-Foot Single Hook). Milwaukee Electric Tool Corporation alleges that these Klein Tools tape measures infringe upon the '067 patent's technology concerning a specific tape blade profile designed to enhance standout distance without bending.

This IPR proceeding is before the Patent Trial and Appeal Board (PTAB) of the USPTO and is directly linked to parallel patent infringement litigation, Milwaukee Electric Tools Corporation v. Klein Tools, Inc., Case No. 1:25-cv-04689, filed in the U.S. District Court for the Northern District of Illinois. The district court case is assigned to Judge John J. Tharp Jr.. The procedural posture at the PTAB involves a decision on institution, which, as of recent changes (effective October 20, 2025), is made by the USPTO Director, John Squires, in consultation with PTAB judges, before potentially referring the petition to a three-member panel of APJs for the trial phase. This co-pending litigation highlights the strategic interplay between district court infringement suits and IPR challenges. The case is notable due to the ongoing competitive rivalry between two major brands in the professional tool industry, with Milwaukee Tool actively seeking to protect its intellectual property in core product categories like tape measures, following a previous, separate dispute concerning modular tool storage systems that was voluntarily dismissed. The outcome could significantly impact design innovation and market competition for essential tools used by tradespersons.

Klein Tools, Inc. v. Milwaukee Electric Tool Corporation (IPR2026-00233) is an Inter Partes Review (IPR) proceeding challenging U.S. Patent No. 11,656,067, which is also the subject of a co-pending patent infringement lawsuit in district court.

Here are the key legal developments and current posture of the related patent infringement litigation:

*District Court Litigation: Milwaukee Electric Tools Corporation v. Klein Tools, Inc., No. 1:25-cv-04689 (N.D. Ill.)*

• Filing & Initial Pleadings (Complaint): Milwaukee Electric Tool Corporation initiated a patent infringement lawsuit against Klein Tools, Inc. in the U.S. District Court for the Northern District of Illinois on April 29, 2025. The lawsuit alleges that Klein Tools infringes U.S. Patent No. 11,656,067, titled "Tape Measure with Tape Blade Profile Increasing Tape Standout," by manufacturing and selling certain 25-foot tape measures, including models 9225, 9125AL, and 9125. Milwaukee claims Klein copied key design elements related to the tape blade's profile to improve standout performance. The plaintiff is seeking treble damages, a permanent injunction against further infringement, and a jury trial.
• Pre-trial Motions & Scheduling: As of early 2026, the district court case was progressing through its initial stages, with joint motions filed by both parties to extend certain deadlines in the scheduling order (e.g., Docket Entries 42 and 53). This indicates the case is active and moving through its preliminary procedural phases.
• Current Posture: The district court case remains active as the "underlying litigation" for the IPR. No verdict or final judgment has been reached.

Parallel PTAB IPR Proceedings: IPR2026-00233

• IPR Filing: Klein Tools, Inc., as Petitioner, filed a Petition for Inter Partes Review (IPR) against U.S. Patent No. 11,656,067. The Patent Trial and Appeal Board (PTAB) issued a Notice of Filing Date Accorded to Petition on January 29, 2026. This IPR challenges the validity of the patent asserted by Milwaukee in the district court litigation.
• Effect on Litigation: The filing of an IPR often leads to motions to stay the parallel district court litigation, though the outcome of such motions is not yet specified in the public information available. The involvement of the same counsel in both the IPR and the district court case highlights the interconnectedness of these proceedings.

Other Related Litigation Between the Parties (Not directly concerning Patent 11656067):
It is worth noting that Milwaukee Electric Tool and Klein Tools have been involved in other patent disputes. For instance, in May 2024, Milwaukee filed a lawsuit (Case No. 1:24-cv-04284 in the N.D. Ill.) concerning modular storage systems (PACKOUT™ vs. MODbox™) and three other patents. This specific case was voluntarily dismissed without prejudice by Milwaukee and Keter on July 22, 2024, before Klein Tools even filed an answer. Another case, No. 1:24-cv-04928 (N.D. Ill.), filed June 13, 2024, was stayed pending an investigation by the U.S. International Trade Commission. These other cases are distinct from the litigation involving patent 11,656,067.

Here is the counsel of record representing Klein Tools, Inc. in IPR2026-00233:

• W. Todd Baker

  • Role: Lead Counsel
  • Firm: Not specified in search results, but he is a registered practitioner before the PTAB (Reg. No. 45,265).
  • Note: He is the lead counsel for Klein Tools in this IPR proceeding.

• Ryan Kane

  • Role: Back-up Counsel (pro hac vice admission requested and granted)
  • Firm: Not explicitly stated, but he is a member of the Bar of the State of New York (State Bar No. 4882551).
  • Note: Mr. Kane has over 15 years of patent litigation experience and is actively involved with the strategy and fact development in co-pending litigation between Klein Tools and Milwaukee Electric Tool Corporation, including regarding U.S. Patent No. 11,656,067. He has represented clients in matters related to energy, medical devices, biosimilars, computer software, wireless communications, batteries, and various mechanical devices.

The following individuals are identified as in-house intellectual property counsel for Klein Tools, but their specific role as counsel of record in this IPR proceeding has not been explicitly confirmed by the search results:

• Jeff Fairchild

  • Role: Senior Intellectual Property Counsel (in-house)
  • Firm: Klein Tools, Inc.
  • Note: Manages and protects the organization's intellectual property rights.

• John Whelan

  • Role: Intellectual Property Counsel (in-house)
  • Firm: Klein Tools, Inc.
  • Note: Experienced Intellectual Property Counsel with prior experience as an Associate Patent Attorney at Banner Witcoff and Reinhart Boerner Van Deuren s.c.

• Steve Udick

  • Role: Director of IP Litigation (in-house)
  • Firm: Klein Tools, Inc.
  • Note: Oversees all legal matters related to IP litigation for Klein Tools.

Other attorneys, Gregory S. Arovas, Alan Rabinowitz, and Paul F. Brinkman, were granted pro hac vice appearances for Klein Tools in a related district court case (1:25-cv-00143), but their appearance as counsel of record in IPR2026-00233 has not been found in the provided search results.

I am unable to definitively identify the counsel of record representing Milwaukee Electric Tool Corporation in IPR2026-00233 based on the available information.

While Milwaukee Electric Tool Corporation has filed a "Patent Owner's Preliminary Response to Petition" in IPR2026-00233 on April 28, 2026, the content of this document, which would typically list the attorneys of record, is not publicly available through the conducted web searches.

Previous searches indicated that Milwaukee Electric Tool Corporation has been represented by firms such as Reinhart Boerner Van Deuren s.c. and Michael Best & Friedrich LLP in other patent-related matters and appeals. However, these instances pertain to different case numbers and applications, and do not confirm their representation in this specific IPR proceeding.

Therefore, without direct access to the PTAB docket filings for IPR2026-00233, the counsel of record for Milwaukee Electric Tool Corporation cannot be explicitly identified.