PTAB challenges

Proceedings overview

There is one active AIA trial proceeding on US patent 11190590, which is currently in the "Trial Instituted" phase. This means the patent's validity is actively being challenged, and a defendant facing assertion of this patent should monitor the ongoing proceeding closely.

IPR2026-00148 — Amazon.com Services LLC v. Smart Speaker LLC

• Type: Inter Partes Review
• Filed: 2025-11-22
• Status: Trial Instituted. The Patent Trial and Appeal Board has determined that Amazon.com Services LLC has a reasonable likelihood of prevailing with respect to at least one challenged claim and has initiated a trial.
• Judge panel: Administrative Patent Judges Barty, Kamel, and Zirino.
• Petition grounds: The petition challenges claims 1-13 of U.S. Patent No. 11,190,590 as unpatentable under 35 U.S.C. § 103 over various combinations of prior art. Specifically, the petition asserts unpatentability of:
  • Claims 1-13 over US Patent 8,026,804 (hereinafter "Kovler") in view of US Patent 7,088,235 (hereinafter "Dietz") and US Patent 7,224,271 (hereinafter "Lee").
  • Claims 1-13 over Kovler in view of Dietz and US Patent Application Publication 2008/0262660 (hereinafter "Schultz").
  • Claims 1-13 over Kovler in view of US Patent 7,859,380 (hereinafter "Friel") and US Patent 7,657,333 (hereinafter "Decker").
  • Claims 1-13 over US Patent 8,248,229 (hereinafter "Stiesdal") in view of Dietz and Lee.
• Institution decision: The PTAB instituted trial on all challenged claims (claims 1-13) on May 22, 2026. The Board found that the Petitioner, Amazon.com Services LLC, demonstrated a reasonable likelihood of proving unpatentability for all challenged claims based on the asserted grounds.
• Final Written Decision (if issued): Not yet issued. The trial was instituted on May 22, 2026.
• Settlement / termination: Not yet settled or terminated.
• Appeal: Not applicable, as a Final Written Decision has not been issued.
• Defensive value: This proceeding indicates that all currently challenged claims (1-13) of US11190590 are undergoing review by the PTAB. A successful challenge could invalidate these claims, significantly impacting any assertion based on them. Given the institution on all claims, the patent owner faces a substantial risk.

Strategic summary

Currently, the patent US11190590 is actively undergoing Inter Partes Review in IPR2026-00148. All claims (1-13) are challenged and were instituted for trial, meaning the PTAB found a reasonable likelihood that Amazon.com Services LLC will prevail on at least one ground for each challenged claim. As of now, no claims have been canceled or sustained by a Final Written Decision, nor have any claims been definitively declared patentable through this proceeding. Therefore, all claims 1-13 are presently under review by the PTAB, and none are considered "hardened" by surviving an IPR to date. Claims not currently involved in IPR2026-00148 are untested.

Regarding estoppel, since the proceeding is ongoing and no Final Written Decision has been issued, the full estoppel landscape under § 315(e)(2) has not yet crystallized. However, once a Final Written Decision is issued, Amazon.com Services LLC (and any parties in privity with them) would be estopped from asserting invalidity grounds that were raised or reasonably could have been raised during this IPR against claims that were subjected to the FWD. For other potential defendants, the specific prior art grounds (Kovler, Dietz, Lee, Schultz, Friel, Decker, Stiesdal) used by Amazon.com Services LLC will become relevant for estoppel purposes once the proceeding concludes.

A pattern signal to note is that Unified Patents, an organization that often acts as a defensive aggregator, has listed this IPR on its portal, indicating it may be tracking the case or involved in some capacity. This suggests an organized effort to challenge the patent.

Recommended next steps

As a defendant, it is critical to monitor IPR2026-00148 closely. The trial was instituted on May 22, 2026, which means the Final Written Decision is due no later than May 22, 2027 (one year from institution). Key milestones to watch include any Patent Owner Responses, Petitioner Replies, and the scheduling of an Oral Hearing. The institution decision can be reviewed at the USPTO PTAB E2E system by searching for IPR2026-00148. The fact that all challenged claims (1-13) were instituted for trial provides a strong indication of potential unpatentability. If a demand letter cites any of claims 1-13, the ongoing IPR provides a significant leverage point, and the ultimate outcome could directly impact the validity of those claims.

https://portal.unifiedpatents.com/ptab/case/IPR2026-00148