PTAB challenges

Proceedings overview

Two AIA trial proceedings have been filed against US patent 10874304. One proceeding, IPR2025-01584, was denied institution, meaning all challenged claims survived. The other proceeding, IPR2025-01251, has been instituted and is currently active in the trial phase. This indicates that while one challenge was unsuccessful, the patent is still facing a potential claims invalidation in the ongoing trial.

IPR2025-01251 — SAMSUNG ELECTRONICS CO., LTD. et al. v. Omni Medsci Inc

• Type: Inter Partes Review
• Filed: 2025-08-05
• Status: Trial Instituted (The PTAB has decided to move forward with a full review of the challenged claims.)
• Judge panel: Not publicly available yet through the provided information, will require accessing the PTAB E2E system.
• Petition grounds: Not publicly available yet through the provided information, will require accessing the PTAB E2E system. Typically, petitions would challenge claims under 35 U.S.C. §§ 102 and/or 103 using prior art.
• Institution decision: Instituted (date not specified in the provided data, but given a 6-month statutory deadline from filing, institution would have occurred around 2026-02-05). The panel's reasoning for institution is not publicly available yet through the provided information.
• Final Written Decision (if issued): Not yet issued. The statutory deadline for a Final Written Decision is typically one year from the institution date, which would be around 2027-02-05.
• Settlement / termination: No settlement or termination publicly reported.
• Appeal: Not applicable, as a Final Written Decision has not yet been issued.
• Defensive value: This proceeding represents an active threat to the patent's claims. If you are facing assertion, the outcome of this IPR could significantly impact the strength of those assertions. Monitor this proceeding closely for institution details and the eventual Final Written Decision.

IPR2025-01584 — WHOOP, Inc. v. Omni Medsci Inc.

• Type: Inter Partes Review
• Filed: 2025-09-26
• Status: Discretionary Denial (The PTAB declined to institute a trial on the challenged claims.)
• Judge panel: Not publicly available yet through the provided information, will require accessing the PTAB E2E system.
• Petition grounds: Not publicly available yet through the provided information, will require accessing the PTAB E2E system.
• Institution decision: Denied (date not specified in the provided data, but given a 6-month statutory deadline from filing, the denial would have occurred around 2026-03-26). The status explicitly states "Discretionary Denial," meaning the PTAB exercised its discretion under 35 U.S.C. § 314(a) (or related rules such as those from Fintiv) to decline institution, rather than denying based on the merits of the prior art challenge. The specific reasoning for the discretionary denial is not publicly available through the provided information.
• Final Written Decision (if issued): Not issued, as institution was denied.
• Settlement / termination: Not applicable, as institution was denied.
• Appeal: Not publicly reported. A denial of institution is generally not appealable to the Federal Circuit, though mandamus petitions are rare exceptions.
• Defensive value: This IPR has concluded with all challenged claims surviving. For a defendant, this means that the specific prior art and arguments raised by WHOOP, Inc. in this petition cannot be re-litigated in another PTAB proceeding by WHOOP, Inc. (or its privies) due to estoppel. However, the discretionary nature of the denial suggests the merits of the prior art were not fully evaluated, and thus similar art might still be used by other parties in future challenges.

Strategic summary

As of today, US patent 10874304 has not had any of its claims cancelled through AIA trial proceedings. In IPR2025-01584, the petition was discretionarily denied, leaving all claims challenged therein intact and untested on the merits at the PTAB. However, IPR2025-01251 is currently in the trial phase, meaning the PTAB has determined that there is a reasonable likelihood that at least one of the challenged claims is unpatentable, and a Final Written Decision on the merits is pending. Therefore, the patent currently has all its claims sustained (relative to IPR2025-01584) or pending a decision (relative to IPR2025-01251). The specific claims under review in IPR2025-01251 are currently untested as to their ultimate patentability at the PTAB.

Regarding estoppel, under 35 U.S.C. § 315(e)(2), the petitioner WHOOP, Inc. (and its privies) is estopped from asserting in any other USPTO or district court proceeding that a claim is invalid on any ground that WHOOP, Inc. raised or reasonably could have raised during IPR2025-01584. Since the denial was discretionary, the specific scope of "reasonably could have raised" can sometimes be debated, but generally covers all art presented. For other defendants, the prior art grounds that WHOOP, Inc. could have raised are still available. For SAMSUNG ELECTRONICS CO., LTD., once IPR2025-01251 concludes with a Final Written Decision, they (and their privies) will be similarly estopped from challenging claims on grounds raised or that reasonably could have been raised in that proceeding. There is no immediate pattern signal of aggressive PTAB appeals by the patent owner yet, as no Final Written Decision has been issued.

Recommended next steps

For anyone facing assertion of US10874304, the primary focus should be on IPR2025-01251. This proceeding is active and could result in claims being invalidated.

• Monitor IPR2025-01251: Access the PTAB E2E system to obtain the institution decision for IPR2025-01251 to identify precisely which claims were instituted for review and on what grounds (prior art and statutory bases). The statutory deadline for the Final Written Decision in IPR2025-01251 is approximately 2027-02-05 (one year from the estimated institution date of 2026-02-05). Key upcoming milestones would include the patent owner's response, petitioner's reply, potential oral hearing, and ultimately the Final Written Decision.
• Review IPR2025-01584: While denied institution, it is still advisable to review the petition and denial decision for IPR2025-01584 (once available through PTAB E2E) to understand the prior art previously considered by the PTAB and the basis for the discretionary denial. This can inform strategies for any potential new IPR challenges by third parties.
• Assess untested claims: Any claims not challenged or instituted in IPR2025-01251, or not challenged in IPR2025-01584, remain untested at the PTAB and represent potential targets for future challenges by other parties, should new prior art be available.

To obtain the specific documents for these proceedings, navigate to the USPTO PTAB E2E system and search for the proceeding numbers IPR2025-01251 and IPR2025-01584.