PTAB challenges

Proceedings overview

There is one AIA trial proceeding on file for US Patent 11,041,020. This proceeding is currently active and pending an institution decision. Given the active status, there are no claims invalidated or sustained, which means the patent's claims remain untested by a Final Written Decision. This situation presents a defendant with the opportunity to potentially leverage the pending IPR to challenge the patent's validity.

IPR2026-00257 — Accord BioPharma, Inc. et al. v. Janssen Biotech Inc

• Type: Inter Partes Review
• Filed: 2026-03-20
• Status: Pending. The proceeding is ongoing and has not yet reached a final decision on institution or merits.
• Judge panel: Information not publicly available yet through general search for this pending IPR.
• Petition grounds: Information not publicly available yet through general search for this pending IPR, as an institution decision has not been rendered.
• Institution decision: Not yet issued. The statutory deadline for the institution decision is 2026-09-20 (six months from the filing date).
• Final Written Decision: Not applicable; the proceeding is pending institution.
• Settlement / termination: Not applicable; the proceeding is pending institution.
• Appeal: Not applicable; no Final Written Decision has been issued.
• Defensive value: This active IPR means that the patent's validity is currently under challenge. A defendant facing assertion of this patent could monitor the outcome of this IPR closely, as a decision to institute and subsequently invalidate claims could significantly weaken the patent owner's position. Conversely, a decision to deny institution or sustain the claims would strengthen the patent owner's hand against future IPR challenges based on the same grounds.

Strategic summary

As of today, May 29, 2026, US Patent 11,041,020 has one active Inter Partes Review, IPR2026-00257, filed by Accord BioPharma, Inc. et al. This proceeding is in its early stages, with the institution decision pending. Consequently, all claims of US11041020 remain untested by a PTAB Final Written Decision, meaning there are no claims that have been canceled or sustained through an IPR.

The estoppel landscape is currently limited because no institution decision or Final Written Decision has been rendered. If IPR2026-00257 is instituted and proceeds to a Final Written Decision, § 315(e)(2) estoppel would apply to Accord BioPharma, Inc. et al. (and their privies) for any claims challenged and any grounds raised or that reasonably could have been raised. However, for a defendant not privy to Accord BioPharma, Inc. et al., the full range of prior art grounds under §§ 102 and 103 would remain available for potential future challenges, assuming the current IPR doesn't invalidate claims. There are no clear pattern signals yet, as this is the first listed AIA trial for this patent. The petitioner, Accord BioPharma, Inc. et al., is a named party, indicating a direct interest rather than a defensive aggregator like Unified Patents.

Recommended next steps

For a defendant being asserted against, the most important next step is to closely monitor the progress of IPR2026-00257. The institution decision is due by 2026-09-20.

• Monitor IPR2026-00257: Track the institution decision for IPR2026-00257. If the PTAB decides to institute the IPR, carefully review the institution decision to understand which claims and grounds were instituted. This will provide early insight into the patent's potential vulnerability.
• Evaluate potential for joinder or new IPR: Depending on the strength of the grounds in IPR2026-00257 and a defendant's own prior art analysis, consider whether joinder to the existing IPR is strategically advantageous (if available) or if preparing a new IPR petition with different, strong prior art is warranted if institution is denied or only partially granted.
• Access Public Information: Once available, the institution decision and any subsequent filings for IPR2026-00257 will be accessible on the USPTO PTAB E2E system. Search for "IPR2026-00257" on the PTAB website to access the public record.