PTAB challenges

Proceedings overview

As of the most recent data, there are no AIA trial proceedings on file for US Patent 11,037,093 B2 with the USPTO Open Data Portal, and no additional proceedings were identified through web search. This indicates that the patent has not yet been challenged in an IPR, PGR, or CBM trial at the PTAB. For a defendant, this means all claims are currently untested in an AIA trial context, and all prior art grounds remain available for potential future challenges.

Strategic summary

Currently, all 21 claims of US Patent 11,037,093 B2 remain untested by AIA trial proceedings at the PTAB. There are no canceled, sustained, or narrowed claims due to IPR, PGR, or CBM. The patent is therefore not "hardened" by surviving such challenges, nor have any claims been invalidated.

Regarding the estoppel landscape, since no AIA trial proceedings have been filed, there is no estoppel under 35 U.S.C. § 315(e)(2) for any potential petitioner. All prior art grounds that could be raised in an IPR (e.g., printed publications or patents under § 102 or § 103) are still available for a new petition. Similarly, for a PGR, all grounds under § 101, § 102, § 103, and § 112 (except best mode) are available, provided the petition is filed within the statutory window.

The absence of PTAB activity suggests that the patent has either not been aggressively asserted, or potential challengers have opted for other defensive strategies, or have not yet found compelling prior art to mount a challenge. There is no pattern of recurring petitioners or patent owner appeal activity at the Federal Circuit related to PTAB decisions for this patent.

Recommended next steps

Since no PTAB activity exists for US Patent 11,037,093 B2, a potential defendant has several options. If facing assertion of this patent, it would be advisable to:

• Conduct a thorough prior art search: A comprehensive search for prior art, particularly patents and printed publications, is crucial to identify strong grounds for a potential IPR. For claims covering methods and systems, evaluating grounds under 35 U.S.C. §§ 102 and 103 would be the primary focus for an IPR.
• Assess PGR eligibility: Given the patent's filing date (March 21, 2019) and publication date (June 15, 2021) [cite: Filing date, Publication date], a Post-Grant Review (PGR) might have been an option for a limited period after grant, if the patent resulted from an application subject to the first-inventor-to-file provisions and a petition was filed within nine months of the grant date. Since the patent granted on June 15, 2021, the PGR window has closed.
• Monitor for future PTAB filings: Keep an eye on the PTAB's E2E system for any newly filed petitions against US11037093B2, as an IPR can be filed at any time after the later of nine months after the grant of the patent or the date of the termination of any post-grant review.
• Evaluate claim scope and infringement theories: Without PTAB precedent, the claims' scope will be determined by district court litigation. A thorough analysis of the claims in light of the specification and prosecution history is essential to understand potential infringement theories and assess validity risks.