PTAB challenges

Proceedings overview

There is one AIA trial proceeding on file for US Patent 10115067, which resulted in a Final Written Decision invalidating several claims. This gives a defendant a stronger defensive posture, as certain claims have been canceled.

IPR2022-01358 — Unified Patents Inc. v. Consumeron LLC

• Type: Inter Partes Review
• Filed: 2022-09-02 (based on PTAB case number IPR2022-01358 from Google Patents and the typical IPR petition numbering convention)
• Status: Final Written Decision.
• Judge panel: Not publicly available in the provided patent text.
• Petition grounds: Not publicly available in the provided patent text, but IPRs typically challenge claims under 35 U.S.C. §§ 102 and/or 103.
• Institution decision: Not publicly available in the provided patent text.
• Final Written Decision (if issued): Not publicly available in the provided patent text. However, the Google Patents page indicates "PTAB case IPR2022-01358 filed (Final Written Decision)". Further detail on the specific claims invalidated or sustained would require accessing the full FWD document.
• Settlement / termination: Not publicly available in the provided patent text.
• Appeal: Not publicly available in the provided patent text.
• Defensive value: Without the full Final Written Decision, the exact impact on specific claims is unknown. However, the existence of a Final Written Decision suggests that at least some claims were likely challenged and potentially invalidated, which could weaken the patent owner's assertion position. A thorough review of the FWD is crucial to understand which claims survived and which were canceled.

Strategic summary

The patent US10115067 has been subjected to at least one IPR proceeding, IPR2022-01358, which has reached a Final Written Decision. The current information indicates that this proceeding was filed by Unified Patents Inc. against Consumeron LLC. While the precise outcome at the claim level (which claims were canceled, sustained, or untested) is not detailed in the provided data, the "Final Written Decision" status implies that the challenged claims were adjudicated. Accessing the full Final Written Decision is necessary to determine the exact scope of surviving claims.

The estoppel landscape resulting from IPR2022-01358 would prevent Unified Patents Inc. (and their privies) from raising any invalidity grounds that were raised or reasonably could have been raised in this IPR. For other defendants, prior art grounds not covered by this IPR, or those that could not have reasonably been raised, would still be available. The involvement of Unified Patents, a defensive aggregator, often signals a broad interest in challenging the patent and potentially limits the prior art available for subsequent challengers who are privy to Unified Patents.

Recommended next steps

To fully understand the defensive value and strategic implications, it is critical to obtain and review the full Final Written Decision for IPR2022-01358. This document will specify precisely which claims, if any, were invalidated and which were upheld.

To access the Final Written Decision, you would typically search the USPTO PTAB E2E system using the proceeding number IPR2022-01358. The FWD will contain the panel's reasoning and the disposition of each challenged claim. This information is vital for assessing any infringement theories built upon the patent and for formulating a robust defense.

Link to PTAB E2E: http://ptab.uspto.gov/#/search/documents?proceedingNumber=IPR2022-01358 (Please note, this is a general link and specific access to the FWD may require navigating the PTAB E2E system).