PTAB challenges

Proceedings overview

A single AIA trial proceeding has been filed against US Patent 10822165. This Inter Partes Review (IPR2025-01191) is currently in the "Trial Instituted" phase. Given the ongoing nature of this sole proceeding, the patent's defensive posture for a defendant facing assertion is currently uncertain, with some claims under review for patentability.

IPR2025-01191 — Guangzho EKO Trading Development Co., Ltd. et al. v. Nine Stars Group USA Inc.

• Type: Inter Partes Review
• Filed: 2025-07-16
• Status: Trial Instituted. The PTAB has determined that there is a reasonable likelihood that the petitioner would prevail with respect to at least one challenged claim and has commenced a trial.
• Judge panel: Information not publicly available at this stage through direct search.
• Petition grounds: Specific claims challenged, prior art, and statutory bases (§ 102 / § 103) are not readily available through general search results for a newly instituted IPR. This information would typically be found in the institution decision itself, which is not yet widely indexed for direct quotation.
• Institution decision: The proceeding was instituted. The exact date of institution is likely around the "last modified" date of 2026-04-15 or shortly thereafter. The panel's reasoning for institution is not publicly available through direct search results at this time but would be detailed in the institution decision document.
• Final Written Decision (if issued): Not yet issued. The trial is ongoing.
• Settlement / termination: No settlement or termination information is available as the trial is active.
• Appeal: Not applicable, as no Final Written Decision has been issued.
• Defensive value: This active IPR means that the patent's validity, at least for the challenged claims, is currently being scrutinized by the PTAB. A defendant facing assertion on US10822165 should closely monitor the outcome of this proceeding, as any claims invalidated would significantly weaken the patent owner's position.

Strategic summary

Currently, the patent US10822165 has all its claims (1-24) under potential scrutiny, as the IPR proceeding is active. Without access to the specific petition, it's not possible to list which claims are specifically challenged versus untested. However, typically, petitioners aim to challenge a broad scope of claims. Since the IPR is still in the "Trial Instituted" phase, no claims have yet been formally CANCELED or SUSTAINED by a Final Written Decision. All claims are effectively "UNTESTED" as to a final PTAB ruling, but "UNDER REVIEW" due to the ongoing trial.

The estoppel landscape will be shaped by the outcome of IPR2025-01191. Under 35 U.S.C. § 315(e)(2), the petitioner (Guangzho EKO Trading Development Co., Ltd. et al.) and its privies will be estopped from asserting in future civil actions or ITC proceedings any ground of invalidity that they raised or reasonably could have raised during this IPR. For other potential defendants, the specific prior art grounds available will depend on what was argued in the IPR and what survives if any claims are upheld.

Regarding pattern signals, the initiation of this IPR by Guangzho EKO Trading Development Co., Ltd. (aka EKO Development Ltd.) indicates a challenger is actively contesting the patent. The petitioner name suggests a defensive aggregator (Unified Patents listed "Petitioner" as such for IPR2025-01191). This suggests that the patent owner, Nine Stars Group USA Inc., is actively asserting the patent, prompting this defensive action.

Recommended next steps

Since IPR2025-01191 is currently in the "Trial Instituted" phase, the primary next step for a defendant would be to monitor its progress closely.

• The PTAB operates under a statutory one-year deadline to issue a Final Written Decision from the date of institution. Based on the "last modified" date of 2026-04-15, the institution date would likely be around this time. This means a Final Written Decision is expected around April 2027.
• Obtain and review the Institution Decision for IPR2025-01191. This document will detail the specific claims challenged, the prior art cited, and the PTAB's reasoning for instituting the trial on those claims. This will provide critical insight into the patent's current vulnerability.
• Given the "Trial Instituted" status, there will be subsequent milestones, including potential discovery, patent owner's response, petitioner's reply, and potentially an oral hearing. Keep track of these events and their respective deadlines on the USPTO PTAB E2E system.