PTAB challenges

Proceedings overview

US patent 10877233 has been involved in two AIA trial proceedings. One proceeding (IPR2025-01385) terminated as settled prior to institution, meaning no claims were formally invalidated by the PTAB. The other proceeding (IPR2025-01218) is currently in trial, actively challenging the patentability of certain claims. This gives a defendant a mixed defensive posture: while one challenge was resolved without claim invalidation, another is ongoing with the potential for claims to be canceled.

IPR2025-01218 — Marvell Semiconductor, Inc. v. Credo Technology Group Ltd.

• Type: Inter Partes Review
• Filed: 2025-08-01
• Status: Trial Instituted.
• Judge panel: Information regarding the specific judge panel for this proceeding on US10877233 was not found in the provided search results.
• Petition grounds: Specific details on which claims were challenged, the prior art asserted, and the statutory basis (§ 102 / § 103 / § 112) for this IPR on patent 10877233 were not explicitly available in the provided search snippets.
• Institution decision: Instituted. While the precise date and reasoning for the institution decision for this specific IPR on patent 10877233 were not found, based on typical PTAB timelines (six months from filing), institution likely occurred around February 2026.
• Final Written Decision (if issued): Not yet issued, as the proceeding is still in the trial phase.
• Settlement / termination: N/A.
• Appeal: N/A.
• Defensive value: This active IPR represents an ongoing challenge to the patentability of claims in US10877233. A defendant facing assertion of this patent should closely monitor this proceeding. If claims are ultimately invalidated, any infringement theories relying on those claims would be significantly weakened or rendered moot. The Final Written Decision is anticipated approximately one year from the institution date, likely around February 2027.

IPR2025-01385 — Volex plc v. Credo Technology Group Ltd.

• Type: Inter Partes Review
• Filed: 2025-08-07.
• Status: Terminated-Settled. This IPR was terminated prior to the institution of trial.
• Judge panel: Not applicable, as no trial was instituted.
• Petition grounds: Volex plc's petition challenged claims 1-20 of US Patent No. 10,877,233. Specific prior art and statutory grounds were not detailed in the public snippets.
• Institution decision: Denied (due to settlement prior to institution). The Patent Trial and Appeal Board (PTAB) issued a decision on September 9, 2025, granting a joint request to treat the settlement agreement as confidential, and subsequently granted a Joint Motion to Terminate Proceeding on September 10, 2025, prior to instituting a trial. Volex plc requested a refund of post-institution fees, confirming that no trial was instituted.
• Final Written Decision: Not issued, as the proceeding terminated before a trial was instituted.
• Settlement / termination: The proceeding terminated on September 10, 2025, due to a confidential license and settlement agreement reached between Volex plc and Credo Technology Group Ltd. The specific terms of the agreement remain confidential.
• Appeal: N/A.
• Defensive value: This IPR concluded without any claims of US10877233 being formally invalidated by the PTAB. All claims (1-20) challenged in the petition were not subjected to a PTAB trial on their merits. Consequently, for third parties, these claims retain their presumptive validity. For Volex plc and its privies, while the settlement likely resolves their specific dispute with Credo regarding this patent, the formal estoppel provisions of 35 U.S.C. § 315(e)(2) for grounds raised or reasonably could have raised in an instituted trial would not apply, as no trial was instituted.

Strategic summary

Currently, all claims of US10877233 remain patentable as no Final Written Decision has been issued invalidating any claims. In IPR2025-01385, Volex plc challenged claims 1-20, but the proceeding settled prior to institution of a trial, meaning these claims were not adjudicated by the PTAB and thus were not canceled. For IPR2025-01218, filed by Marvell Semiconductor, Inc., the trial has been instituted, indicating that the PTAB found a reasonable likelihood of unpatentability for at least some challenged claims. However, the specific claims under review and the outcome are still pending. Therefore, for a defendant, US10877233 has not yet been narrowed through PTAB proceedings.

Regarding estoppel, Volex plc and its privies are not formally estopped under 35 U.S.C. § 315(e)(2) for IPR2025-01385 because the proceeding settled before institution. Their ability to challenge the patent or specific claims in other forums would be governed by the confidential settlement agreement. Marvell Semiconductor, Inc. (and its privies) will face estoppel under § 315(e)(2) for IPR2025-01218 for any grounds raised or that reasonably could have been raised, upon the issuance of a Final Written Decision. For other potential petitioners, any prior art not raised in the instituted IPR (or the settled one) remains available for challenging the patent.

The patent owner, Credo Technology Group Ltd., has seen two separate petitioners challenge US10877233, suggesting the patent covers technology of commercial interest to competitors. The quick settlement of the Volex IPR before institution also indicates that Credo may be amenable to licensing agreements or other resolutions to avoid PTAB trials, or that the specific petition grounds for IPR2025-01385 were not strong enough to warrant institution from Volex's perspective once a settlement was reached.

Recommended next steps

For IPR2025-01218 (Marvell Semiconductor, Inc. v. Credo Technology Group Ltd.), which is in active trial, it is critical to monitor its progress. The Final Written Decision is expected approximately one year from the institution date (likely around February 2027). You should regularly check the USPTO PTAB E2E portal for updates on this proceeding, particularly for the release of the institution decision (if not yet found) and the eventual Final Written Decision, which will detail any claims canceled or sustained. The outcome of this trial will directly inform the strength of US10877233's claims.