PTAB challenges

Proceedings overview

There is currently one AIA trial proceeding on file for US Patent 10632388: IPR2026-00397, which is pending. Given its recent filing date, no claims have been invalidated or sustained yet. This means the patent's claims are currently untested by PTAB review.

IPR2026-00397 — Twitch Interactive, Inc. et al. v. Brian Joseph Wiklem et al.

• Type: Inter Partes Review
• Filed: 2026-06-29
• Status: Pending — The proceeding was filed yesterday and is in its initial stages, awaiting preliminary responses and an institution decision.
• Judge panel: Information regarding the specific judge panel is not yet publicly available at this early stage of the proceeding.
• Petition grounds: Details of the claims challenged, prior art asserted, and statutory bases (§ 102 / § 103) are not yet publicly available through general search results but would be contained within the IPR petition itself.
• Institution decision: Not yet issued. The PTAB typically has a statutory deadline of six months from the filing date to issue a decision on institution.
• Final Written Decision: Not applicable; this proceeding is pending.
• Settlement / termination: Not applicable; this proceeding is pending.
• Appeal: Not applicable; this proceeding is pending.
• Defensive value: As the proceeding was just filed, it offers no immediate defensive value in terms of claim invalidation. However, it indicates a direct challenge to the patent by a defendant in parallel litigation (Twitch Interactive, Inc.), suggesting a potential for future invalidation of claims.

Strategic summary

Currently, all claims of US Patent 10632388 remain UNTESTED by a final PTAB decision, as IPR2026-00397 was filed on 2026-06-29 and is in its very early stages. There are no canceled or sustained claims as a result of PTAB proceedings at this time.

Regarding estoppel, since no institution decision has been rendered, there is no estoppel against the petitioner (Twitch Interactive, Inc.) or its privies under 35 U.S.C. § 315(e)(2). All prior-art grounds that could be reasonably raised in an IPR are still available for consideration in this ongoing proceeding. This proceeding is consistent with the parallel litigation in the Delaware District Court (1:25-cv-01542), where Twitch Interactive, Inc. is a defendant and has initiated this IPR, suggesting a coordinated defensive strategy.

Recommended next steps

For Twitch Interactive, Inc., or any other party facing assertion of US Patent 10632388, the current IPR2026-00397 is a critical development. The immediate focus will be on the institution decision, which is expected within six months of the filing date (around December 29, 2026). This decision will determine which, if any, claims are accepted for review based on the grounds presented in the petition. Parties should closely monitor the USPTO PTAB E2E system for updates on the petition, the patent owner's preliminary response, and the eventual institution decision.## Proceedings overview
There is currently one AIA trial proceeding on file for US Patent 10632388, IPR2026-00397, which is pending. Given its recent filing date, no claims have been invalidated or sustained yet, meaning the patent's claims are currently untested by PTAB review.

IPR2026-00397 — Twitch Interactive, Inc. et al. v. Brian Joseph Wiklem et al.

• Type: Inter Partes Review
• Filed: 2026-06-29
• Status: Pending — The proceeding was filed on June 29, 2026, and is in its initial stages, awaiting preliminary responses and an institution decision.
• Judge panel: Information regarding the specific judge panel is not yet publicly available at this early stage of the proceeding.
• Petition grounds: Details of the claims challenged, prior art asserted, and statutory bases (§ 102 / § 103) are not yet publicly available, but would be contained within the IPR petition itself.
• Institution decision: Not yet issued. The PTAB is required by statute to issue an institution decision within approximately six months of the petition filing date. Therefore, a decision on institution for IPR2026-00397 would be expected around 2026-12-29.
• Final Written Decision: Not applicable; this proceeding is pending.
• Settlement / termination: Not applicable; this proceeding is pending.
• Appeal: Not applicable; this proceeding is pending.
• Defensive value: As the proceeding was just filed, it offers no immediate defensive value in terms of claim invalidation. However, it represents a direct challenge to the patent by a defendant in parallel litigation (Twitch Interactive, Inc.), suggesting a potential for future invalidation of claims.

Strategic summary

Currently, all claims of US Patent 10632388 remain UNTESTED by a final PTAB decision, as IPR2026-00397 was filed on 2026-06-29 and is in its very early stages. There are no canceled or sustained claims as a result of PTAB proceedings at this time.

Regarding estoppel, since no institution decision has been rendered, there is no estoppel against the petitioner (Twitch Interactive, Inc.) or its privies under 35 U.S.C. § 315(e)(2). All prior-art grounds that could be reasonably raised in an IPR are still available for consideration in this ongoing proceeding. This IPR is consistent with the parallel litigation in the Delaware District Court (1:25-cv-01542), where Twitch Interactive, Inc. is a defendant and has initiated this IPR, suggesting a coordinated defensive strategy. The PTAB's institution rate for IPRs and PGRs has fallen in recent years, reaching 37% in fiscal year 2026 year-to-date (through February 2026), with 64% of petitions being fully denied based on discretionary considerations. Director Squires has also emphasized that AIA reviews are not intended to be a "second bite at the apple" and may deny institution if the IPR appears to relitigate issues already addressed in district court or if it goes against the congressional intent of AIA reviews.

Recommended next steps

For Twitch Interactive, Inc., or any other party facing assertion of US Patent 10632388, the current IPR2026-00397 is a critical development. The immediate focus will be on the institution decision, which is expected around 2026-12-29. This decision will determine which, if any, claims are accepted for review based on the grounds presented in the petition. Parties should closely monitor the USPTO PTAB E2E system for updates on the petition, the patent owner's preliminary response, and the eventual institution decision. If the IPR is instituted, the Final Written Decision would typically be due within 12 months of institution, with a possible 6-month extension for good cause.