PTAB challenges

Proceedings overview

There is one AIA trial proceeding on file for US patent 11577771: IPR2025-01140, which is currently active and in the trial instituted phase. This means the patent is under review for validity, but no claims have been invalidated or sustained by the PTAB yet, leaving the ultimate defensive posture uncertain for a defendant until a Final Written Decision is issued.

IPR2025-01140 — Evenflo Company, Inc. v. Baby Jogger, LLC

• Type: Inter Partes Review
• Filed: 2025-06-17
• Status: Trial Instituted — The Patent Trial and Appeal Board (PTAB) has decided to proceed with a review of the patentability of the challenged claims, and the trial phase is currently underway.
• Judge panel: The specific judge panel for this proceeding is not publicly available in the provided search results. The institution decision was made by Director Squires in consultation with PTAB judges.
• Petition grounds: The petition challenges the patent owner's attempt to rely on an earlier priority date (2008). This challenges the patentability of claims under 35 U.S.C. §§ 102 (anticipation) and/or 103 (obviousness) by attempting to make intervening prior art available. The specific claims challenged and the prior art relied upon are not detailed in the available search results.
• Institution decision: Instituted on 2025-12-01. This was one of the first IPRs instituted under Director Squires' tenure. The decision noted the early stages of parallel district court litigation (Baby Jogger, LLC v. Evenflo Company, Inc., No. 1:24-cv-00723-GBW (D. Del.)) and the likelihood that a Final Written Decision from the PTAB would precede a resolution on the merits in that litigation. The petition also included a standard Sotera stipulation, which was a factor in overcoming discretionary denial considerations, and the patent was less than two years old, which countered "settled expectations" arguments.
• Final Written Decision: Not yet issued, as the trial is ongoing. The PTAB is statutorily required to issue a final written decision within 12 months of institution, absent a good cause extension.
• Settlement / termination: Not applicable, as the trial is ongoing.
• Appeal: Not applicable, as no Final Written Decision has been issued.
• Defensive value: This IPR is actively challenging the validity of patent US11577771. While no claims have been cancelled or sustained yet, the ongoing trial creates uncertainty regarding the patent's ultimate enforceability. A final decision is anticipated around December 2026.

Strategic summary

All claims of US11577771 are currently under potential threat in IPR2025-01140 due to a challenge to the patent's priority date. Since the proceeding is still in the trial phase, no claims have been definitively canceled or sustained. The patent owner, Baby Jogger, LLC, is actively defending the patent.

Upon the issuance of a Final Written Decision, standard IPR estoppel under 35 U.S.C. § 315(e)(2) will apply. This would bar the petitioner, Evenflo Company, Inc. (and its privies), from asserting in other forums any ground of invalidity that it raised or reasonably could have raised during the IPR based on patents or printed publications. For other potential defendants, prior art grounds not raised or that could not have been reasonably raised by Evenflo would still be available.

The institution of IPR2025-01140 provides insight into current PTAB policy under Director Squires, particularly his approach to parallel litigation and "settled expectations." The fact that this IPR was instituted, partly due to a Sotera stipulation and the patent's relatively young age, signals that IPRs can still proceed even with parallel district court cases, provided certain conditions are met to ensure judicial efficiency.

Recommended next steps

As IPR2025-01140 is in the trial instituted phase, the next major milestone will be the Final Written Decision (FWD). The PTAB is statutorily required to issue the FWD within 12 months of the institution date (December 1, 2025), meaning a decision is expected by approximately December 1, 2026. Parties involved should monitor the PTAB's schedule for this proceeding for any updates regarding oral hearings or the FWD issuance date.