PTAB challenges

Proceedings overview

Two PTAB proceedings are on file for US patent 10292138: IPR2023-00020, which was terminated by settlement, and IPR2025-00343, which is currently pending (Instituted).

IPR2023-00020 — {Petitioner} v. {Patent Owner}

• Type: Inter Partes Review
• Filed: I do not have the filing date for IPR2023-00020.
• Status: Settlement
• Judge panel: I do not have the judge panel information for IPR2023-00020.
• Petition grounds: I do not have the petition grounds for IPR2023-00020.
• Institution decision: I do not have the institution decision for IPR2023-00020.
• Final Written Decision (if issued): Not applicable, as the proceeding was terminated by settlement.
• Settlement / termination: The proceeding was settled, as indicated by its status. The date and terms of the settlement are not publicly available in this record.
• Appeal: I do not have information about an appeal for IPR2023-00020.
• Defensive value: This proceeding indicates that a petitioner challenged the patent and subsequently settled, suggesting a potential willingness of the patent owner to negotiate. The specific impact on claim validity is unknown due to the settlement.

IPR2025-00343 — {Petitioner} v. {Patent Owner}

• Type: Inter Partes Review
• Filed: I do not have the filing date for IPR2025-00343.
• Status: Pending - Instituted
• Judge panel: I do not have the judge panel information for IPR2025-00343.
• Petition grounds: I do not have the petition grounds for IPR2025-00343.
• Institution decision: Instituted. I do not have the date of institution or the panel's reasoning.
• Final Written Decision (if issued): Not yet issued, as the proceeding is pending.
• Settlement / termination: Not applicable, as the proceeding is active.
• Appeal: Not applicable, as a Final Written Decision has not yet been issued.
• Defensive value: This active, instituted IPR signifies an ongoing challenge to the patent's validity. The outcome of this proceeding will be highly significant for any defendant facing assertion of this patent, as it could result in the invalidation of claims.

Strategic summary

The patent US10292138 currently has two PTAB proceedings on file. One IPR (IPR2023-00020) was settled, meaning its claims were challenged but the outcome regarding their validity was not determined by a Final Written Decision. The details of the settlement are confidential. The second IPR (IPR2025-00343) has been instituted and is currently pending, indicating that at least some claims of the patent are undergoing validity review by the PTAB.

Since no Final Written Decision has been issued for either IPR that details claim invalidation or patentability, the specific status of individual claims (CANCELED, SUSTAINED, or UNTESTED by PTAB FWD) is unknown. All claims cited in the pending IPR2025-00343 are currently contested and their validity remains to be determined. The settlement of IPR2023-00020 means that the claims at issue in that proceeding were not definitively ruled upon by the PTAB.

The estoppel landscape related to IPR2023-00020 is not fully clear without knowing the specific claims and grounds raised in the petition. For IPR2025-00343, any prior art grounds actually raised in the petition and instituted by the PTAB will likely be subject to estoppel under § 315(e)(2) for the petitioner and its privies once a Final Written Decision is issued. The presence of Unified Patents in the PTAB litigation data for both proceedings suggests a coordinated defensive effort against this patent family.

Recommended next steps

For IPR2025-00343, as it is instituted and pending, closely monitor its progress. The PTAB has a statutory one-year deadline from institution to issue a Final Written Decision. Knowing the institution date would allow for calculating the approximate FWD due date. The outcome of this proceeding will directly impact the patent's claims and thus the strength of any assertion.