PTAB challenges

Proceedings overview

There is one AIA trial proceeding on file for US patent 11119756, which was terminated as settled before institution. This means the patent's claims have not been adjudicated for patentability by the PTAB, and thus remain untested.

IPR2026-00120 — NRG Energy, Inc. et al. v. Malikie Innovations Ltd.

• Type: Inter Partes Review
• Filed: 2025-11-14
• Status: Terminated-Settled (Settled Before Institution on 2026-03-25)
• Judge panel: Information regarding the specific judge panel is not publicly available as the proceeding settled prior to an institution decision.
• Petition grounds: Details of the specific claims challenged, prior art relied upon, and statutory bases (§ 102 / § 103 / § 112) are not publicly available as the case settled before institution.
• Institution decision: Institution was denied because the proceeding settled before a decision on institution was issued. The decision outcome was "Settled Before Institution" on March 25, 2026.
• Final Written Decision: Not applicable, as the proceeding settled before institution.
• Settlement / termination: The proceeding was terminated as settled on March 25, 2026, prior to a decision on institution. The terms of the settlement are confidential.
• Appeal: Not applicable, as no Final Written Decision was issued.
• Defensive value: This IPR did not result in any claims of US11119756 being invalidated. The patent owner, Malikie Innovations Ltd., successfully concluded the proceeding without the patent claims being subject to PTAB review, meaning the patent's validity remains undiminished by this challenge.

Strategic summary

All claims of US11119756 remain UNTESTED by the PTAB. The single IPR filed, IPR2026-00120, was terminated as "Settled Before Institution". This outcome means that the PTAB did not render a decision on the merits of the challenged claims, and thus no claims were invalidated or sustained. For a defendant facing assertion of this patent, the claims have not been "hardened" by surviving an IPR, nor have they been weakened by cancellation.

The estoppel landscape under § 315(e)(2) typically applies to a petitioner (and its privies) after a Final Written Decision has been issued. Since IPR2026-00120 settled before institution, statutory estoppel under this section does not apply to NRG Energy, Inc. or its privies for any grounds that could have been raised in the petition. However, the specifics of any private settlement agreement would govern what prior-art grounds, if any, NRG Energy, Inc. and Malikie Innovations Ltd. are precluded from asserting against each other in future proceedings. Generally, absent an institution decision and FWD, the public estoppel effects are minimal.

Malikie Innovations Ltd. is an IP holding company that acquired a substantial patent portfolio, including over 30,000 former BlackBerry patents, in March 2023. They are actively engaged in patent assertions across multiple sectors, including Wi-Fi SEPs and connected-vehicle technologies, and have filed infringement suits against companies like Hyundai, Honda, Brother Industries, Hisense, and NTT. The settlement of this IPR before institution may indicate a strategic decision by Malikie Innovations Ltd. to manage the PTAB challenge without a full validity review, or a mutually beneficial agreement with the petitioner. The current environment at the PTAB, under Director John A. Squires, has seen increased discretionary denials of IPRs, often based on factors like U.S. manufacturing activity or "settled expectations," which could incentivize patent owners to pursue settlement.

Recommended next steps

For a defendant currently facing assertion of US11119756:

• Assess validity independently: Since no PTAB determination on the merits has occurred, the patent's claims remain open to validity challenges in district court or through new AIA trial proceedings (IPR, PGR, or CBM, if applicable).
• Evaluate prior art: Conduct a thorough prior art search to identify potential invalidity grounds for US11119756, as the PTAB has not yet evaluated any.
• Consider new PTAB challenge: If strong prior art exists, consider initiating a new IPR. Be aware of recent changes in PTAB discretionary institution policies, including the Director's increased control over institution decisions, the consideration of U.S. manufacturing footprint, and "settled expectations" doctrines.
• Monitor other litigations: Keep track of Malikie Innovations Ltd.'s ongoing litigation activities and any new IPR filings against US11119756 or its related patents to inform your defensive strategy.