PTAB challenges

Proceedings overview

One Inter Partes Review (IPR) proceeding, IPR2026-00175, has been filed against US Patent 11,338,189 and is currently pending. The claims of the patent are presently under review, meaning no claims have been invalidated or sustained by the PTAB yet. This indicates an active challenge to the patent's validity.

IPR2026-00175 — DraftKings Inc. et al. v. Winview IP Holdings LLC

• Type: Inter Partes Review
• Filed: 2026-01-16
• Status: Pending
• Judge panel: Information regarding the specific judge panel for this pending case is not yet publicly available in the immediate summary of the proceeding.
• Petition grounds: Details regarding the specific claims challenged, prior art asserted, and statutory bases (§ 102 / § 103 / § 112) of the petition are typically found in the petition itself, which is not publicly available in detail through a simple summary search. However, IPRs primarily focus on §§ 102 and 103 challenges based on patents and printed publications.
• Institution decision: The institution decision is pending. A decision on whether to institute trial is expected approximately six months from the filing date.
• Final Written Decision: Not yet issued, as the case is pending.
• Settlement / termination: Not applicable, as the case is pending.
• Appeal: Not applicable, as no Final Written Decision has been issued.
• Defensive value: This proceeding indicates an active challenge to the validity of US11338189. While no claims have been invalidated, the existence of a pending IPR means the patent's claims are under scrutiny, and the outcome could significantly impact future assertions. Defendants facing assertion should monitor this IPR closely, as institution or invalidation could provide strong defensive arguments.

Strategic summary

As of the current date, US Patent 11,338,189 has one active Inter Partes Review, IPR2026-00175, filed by DraftKings Inc. et al. The claims under challenge in this proceeding are currently untested, as no institution decision or Final Written Decision has been issued. Therefore, no claims have been canceled or sustained by the PTAB at this time. All claims of the patent are considered active and potentially assertable until a PTAB decision dictates otherwise.

Regarding estoppel, since the IPR is pending and has not reached a Final Written Decision, no estoppel effects under 35 U.S.C. § 315(e)(2) have yet arisen for the petitioner, DraftKings Inc. et al., or their privies. If the PTAB institutes the IPR and subsequently issues a Final Written Decision, DraftKings Inc. et al. (and their privies) would be estopped from asserting in federal court or the ITC that a claim is invalid on any ground that they raised or reasonably could have raised during the IPR. For other potential defendants, all prior-art grounds remain available until a Final Written Decision creates specific estoppel effects.

There is a clear pattern signal here: DraftKings Inc. has initiated an IPR, suggesting a direct interest in challenging the patent's validity, possibly in response to litigation. The patent owner, Winview IP Holdings LLC, will be defending the patent.

Recommended next steps

Given that IPR2026-00175 is currently pending:

• The primary milestone to watch is the institution decision. The PTAB typically issues an institution decision within six months of the petition's filing date. For IPR2026-00175, filed on 2026-01-16, the institution decision is anticipated around 2026-07-16.
• If the IPR is instituted, the trial will proceed, with an oral hearing typically scheduled several months later, and a Final Written Decision due within one year of institution. This means a potential FWD could be issued around 2027-07-16, assuming institution.
• Defendants being asserted against by US11338189 should closely monitor the USPTO PTAB End-to-End (E2E) system for updates on IPR2026-00175. The institution decision will be a critical development, determining which (if any) claims will proceed to trial.
• The patent's anticipated expiration date is January 10, 2027. If the IPR is instituted, a Final Written Decision may occur very close to or even after the patent's expiration, which could still impact damages or ongoing litigation.