PTAB challenges

Proceedings overview

There is currently one AIA trial proceeding on file for US Patent 10852002. The proceeding is pending, meaning no claims have been invalidated or sustained by the PTAB yet. This means the patent owner's claims remain untested by the PTAB at this juncture, presenting a neutral defensive posture for a defendant.

IPR2026-00406 — Duke Manufacturing Co. v. Kyle Thomas Kestner et al

• Type: Inter Partes Review
• Filed: 2026-07-02
• Status: Pending. This IPR was filed very recently and is in its initial stages, awaiting a decision on institution.
• Judge panel: Not yet public.
• Petition grounds: Not yet public. The petition details regarding which claims are challenged, based on what prior art, and under which statutory bases (§ 102 / § 103 / § 112) will become public upon institution or denial, or when the petition documents are publicly available in the PTAB E2E system.
• Institution decision: Not yet issued. The PTAB has a statutory deadline of 6 months from the filing of the preliminary response (or waiver thereof) to issue a decision on institution.
• Final Written Decision: Not yet issued.
• Settlement / termination: No settlement or termination has occurred.
• Appeal: No appeal has been filed.
• Defensive value: This proceeding is in its very early stages. For a defendant facing assertion of this patent, the IPR by Duke Manufacturing Co. indicates a potential challenge to the patent's validity. However, no claims have been invalidated at this point, so the patent's claims currently remain fully intact from a PTAB perspective. The outcome of this IPR, particularly the institution decision and any subsequent Final Written Decision, will significantly impact the patent's defensive value.

Strategic summary

As of 2026-07-03, all claims of US Patent 10852002 remain UNTESTED by a PTAB Final Written Decision. No claims have been canceled or sustained through a completed AIA trial. The patent has not been narrowed through IPR proceedings.

The estoppel landscape is minimal at this stage. Since IPR2026-00406 is pending and no institution decision has been rendered, there is no estoppel under § 315(e)(2) for the petitioner (Duke Manufacturing Co.) or its privies yet. If the PTAB denies institution, Duke Manufacturing Co. would be estopped from raising grounds that were raised in the petition in future proceedings (e.g., district court litigation or ITC). If institution is granted, estoppel would apply to all grounds raised or reasonably could have been raised in the instituted IPR upon the issuance of a Final Written Decision. For other potential defendants, all prior-art grounds remain available to challenge the patent.

There are no discernible patterns yet, as this is the first recorded AIA trial proceeding for US10852002. The involvement of Duke Manufacturing Co. as a petitioner suggests a potential industry competitor or a party with an interest in challenging the patent's scope.

Recommended next steps

• Monitor IPR2026-00406 closely through the USPTO PTAB E2E system. The next key milestone will be the filing of the Patent Owner's Preliminary Response, followed by the PTAB's institution decision deadline (typically 6 months after the preliminary response).
• Review the IPR petition (once publicly available) to understand the specific claims being challenged and the prior art relied upon. This information is crucial for assessing the strength of the challenges and for informing any potential defensive strategies.
• If considering a defensive IPR, evaluate the claims not challenged by Duke Manufacturing Co. and any new prior art discovered since the filing of IPR2026-00406. Coordination or strategic timing with existing IPRs can be critical.