PTAB challenges

Proceedings overview

One active Inter Partes Review (IPR) proceeding, IPR2026-00065, has been instituted against US patent 11107768. The trial is ongoing, which means the patent's claims are currently under challenge and their patentability has not yet been finally determined by the Patent Trial and Appeal Board (PTAB). This grants a defendant a strong defensive posture, as the validity of the patent is being actively litigated at the PTAB.

IPR2026-00065 — Taiwan Semiconductor Manufacturing Company Ltd. et al. v. MYW Semitech, LLC

• Type: Inter Partes Review
• Filed: 2025-11-21
• Status: Trial Instituted (The PTAB granted institution of the IPR trial).
• Judge panel: The institution decision was issued by the Director of the USPTO, John Squires, as part of a new policy effective October 20, 2025, where the Director decides whether to institute IPR and post-grant review trials. The specific panel of Administrative Patent Judges (APJs) assigned to conduct the trial itself is not publicly available in the provided data.
• Petition grounds: Specific claims and prior art challenged in the petition are not detailed in the available public snippets. However, IPRs typically challenge patent claims under 35 U.S.C. §§ 102 (anticipation) and/or 103 (obviousness).
• Institution decision: Instituted on May 6, 2026. The decision outcome was "Institution Granted". This means the PTAB, under the Director's review, found that the petition demonstrated a reasonable likelihood that at least one challenged claim is unpatentable.
• Final Written Decision: Not yet issued, as the trial was recently instituted.
• Settlement / termination: Not applicable at this stage.
• Appeal: Not applicable at this stage.
• Defensive value: The institution of this IPR means that the patentability of claims in US11107768 is being formally challenged. A defendant currently facing assertion of this patent should monitor this proceeding closely, as a favorable outcome for the petitioner could invalidate some or all of the patent's claims, significantly weakening the patent owner's position.

Strategic summary

Currently, no claims of US11107768 have been canceled or sustained by the PTAB. The single IPR proceeding, IPR2026-00065, initiated by Taiwan Semiconductor Manufacturing Company Ltd. et al., is in the "Trial Instituted" phase. This means that the patent's claims are actively being reviewed for patentability, but no final determination has been made. The specific claims under challenge and the prior art references used are not publicly detailed in the provided information, but IPRs commonly target claims for anticipation (§ 102) and obviousness (§ 103).

The estoppel landscape has not yet formed, as no Final Written Decision (FWD) has been issued. Once an FWD is issued, 35 U.S.C. § 315(e)(2) will bar the petitioner (and their privies) from asserting in any other proceeding that a claim found patentable in the IPR is invalid on any ground that the petitioner raised or reasonably could have raised during the IPR. For a defendant not involved in this specific IPR, prior art grounds remain available unless they are in privity with the current petitioner.

A notable signal is that Taiwan Semiconductor Manufacturing Company Ltd. et al. is the petitioner, indicating a significant industry player is challenging the patent. Furthermore, the institution decision was made by the USPTO Director, John Squires, reflecting a recent policy change where the Director directly controls IPR institution decisions, a shift that has generally led to a lower overall institution rate since October 2025.

Recommended next steps

• Monitor IPR2026-00065: Given that the IPR was instituted on May 6, 2026, the PTAB has a statutory deadline of one year to issue a Final Written Decision, placing the FWD due date around May 6, 2027. Closely track the case docket on the USPTO PTAB E2E system (not directly linked, but accessible via general USPTO PTAB searches) to obtain the petition, the institution decision (Paper 18), and all subsequent filings. The institution decision will specify which claims were challenged and on what grounds.
• Evaluate challenged claims: Understand which claims of US11107768 are at stake in IPR2026-00065. If a demand letter cites these claims, their ongoing challenge at the PTAB significantly impacts their enforceability.
• Assess potential estoppel: If you are a defendant, determine if you are in privity with Taiwan Semiconductor Manufacturing Company Ltd. et al. If not, the estoppel provisions of § 315(e)(2) will not apply to you, and you may still be able to challenge the patent on grounds raised or that could have been raised in IPR2026-00065, particularly if the PTAB upholds the patentability of claims.