PTAB challenges

Proceedings overview

As of May 26, 2026, there are no AIA trial proceedings (Inter Partes Review, Post-Grant Review, or Covered Business Method) on file for U.S. Patent No. 10,776,023 with the USPTO PTAB. This means that all claims of the patent remain untested at the PTAB, offering no pre-adjudicated grounds for a defendant to rely on, but also leaving all avenues of PTAB challenge open.

Strategic summary

Currently, all claims of U.S. Patent No. 10,776,023 remain SUSTAINED as they have not been challenged or invalidated through any PTAB proceeding. Therefore, no claims are canceled, and all claims are considered UNTESTED by the PTAB.

Since no PTAB proceedings have been initiated for US 10776023, there is no estoppel landscape to consider under § 315(e)(2). All potential prior-art grounds, whether raised in other litigation or newly discovered, are still available for a future PTAB petition.

The absence of PTAB activity is a notable signal for a patent that is actively being asserted in litigation, as indicated by the lawsuits filed by Gaea LLC against Meta Platforms, Inc., Samsung, Pure Storage, Oracle, NetApp, Dell, and Hewlett Packard Enterprise Company. Often, patents asserted against multiple defendants attract IPR challenges as defendants seek to invalidate the patent efficiently. The fact that Unified Patents has initiated a contest seeking prior art to challenge the validity of this patent further highlights its potential vulnerability and the interest from the defense community in challenging its claims, even though no formal PTAB petitions have been filed yet.

Recommended next steps

Since no PTAB activity exists for U.S. Patent No. 10,776,023, the recommended next steps for a defendant currently facing assertion of this patent would include:

• Prior Art Search: Conduct a comprehensive prior art search to identify strong invalidity grounds that could form the basis of an IPR petition. The analysis of prior art cited during prosecution (US 2012/0159085 A1 by LSI in particular) suggests potential avenues for challenge. The Unified Patents contest also indicates an ongoing search for robust prior art.
• Petition Drafting: If strong prior art is found, consider drafting an IPR petition to challenge the asserted claims. This would be a proactive step to potentially invalidate the patent or at least stay the district court litigation.
• Monitoring PTAB Dockets: Continuously monitor the PTAB's Electronic Filing System (E2E) for any newly filed petitions against U.S. Patent No. 10,776,023, as other defendants in the ongoing litigation may initiate proceedings.## Proceedings overview

As of May 26, 2026, there are no AIA trial proceedings (Inter Partes Review, Post-Grant Review, or Covered Business Method) on file for U.S. Patent No. 10,776,023 with the USPTO PTAB. This means that all claims of the patent remain untested at the PTAB. For a defendant, this indicates that the patent's claims have not been subjected to PTAB scrutiny, meaning all potential prior art avenues are still available for challenge, but also that no claims have been invalidated by the PTAB.

Strategic summary

All claims of U.S. Patent No. 10,776,023 are currently UNTESTED by the PTAB. No claims have been canceled or confirmed as patentable by the Board in an AIA trial.

Since there are no PTAB proceedings on file for US 10776023, there is no estoppel landscape to consider under 35 U.S.C. § 315(e)(2). This means that a defendant currently facing assertion of this patent is not barred from raising any ground of invalidity in a PTAB petition that they raised or reasonably could have raised, as no such proceeding has occurred.

The absence of PTAB activity is noteworthy, especially given the patent's active involvement in multiple district court litigations filed by Gaea LLC against various companies, including Meta Platforms, Inc., Samsung, Pure Storage, Oracle, NetApp, Dell Technologies Inc., and Hewlett Packard Enterprise Company. Typically, patents asserted against multiple entities, particularly by non-practicing entities (NPEs) like Gaea LLC, become targets for AIA trial proceedings as defendants seek efficient means to challenge validity. The fact that Unified Patents is actively seeking prior art to challenge this patent further suggests its potential vulnerability to PTAB review.

Recommended next steps

Given the lack of PTAB activity for U.S. Patent No. 10,776,023, recommended next steps for a defendant facing assertion of this patent include:

• Comprehensive Prior Art Search: Intensify efforts to identify the most relevant prior art, particularly focusing on the combination arguments outlined in the "Obviousness" section (e.g., US 2012/0159085 A1 in view of US 9,489,204 B2 or US 7,539,823 B2). This is crucial for building a strong invalidity case.
• Evaluate IPR Petition: If a robust prior art package is identified, carefully evaluate the merits of filing an Inter Partes Review (IPR) petition. An IPR could offer a cost-effective and efficient path to challenge the validity of the asserted claims.
• Monitor PTAB Dockets: Continuously monitor the USPTO Patent Trial and Appeal Board End-to-End (PTAB E2E) system for any newly filed petitions against U.S. Patent No. 10,776,023 by other defendants in the ongoing litigation. The initiation of a proceeding by one party could impact the strategy of others. If a petition is instituted, it would provide an opportunity to join the proceeding or leverage its outcome.