PTAB challenges

Proceedings overview

There is currently one AIA trial proceeding on file for US Patent 11728564. This proceeding, IPR2026-00234, is currently active and pending an institution decision. Given its pending status, the patent's claims have not yet been challenged through a final written decision, leaving its defensive posture untested in the PTAB.

IPR2026-00234 — SAMSUNG ELECTRONICS CO., LTD. et al. v. AQ Corp

• Type: Inter Partes Review
• Filed: 2026-01-26
• Status: Pending – The proceeding is active and has not yet reached a decision on institution.
• Judge panel: Information regarding the specific judge panel is not yet publicly available for this pending proceeding.
• Petition grounds: The petition for IPR2026-00234, filed by [[[Samsung Electronics Co.](/litigations/by-defendant/Samsung%20Electronics%20Co.), Ltd.](/litigations/by-plaintiff/Samsung%20Electronics%20Co.%2C%20Ltd.) et al.](/litigations/by-plaintiff/Samsung%20Electronics%20Co.%2C%20Ltd.%20et%20al.), targets US Patent 11,728,564. The specific claims challenged and the prior art references cited under statutory bases (§ 102 for anticipation or § 103 for obviousness) would be detailed in the public petition document.
• Institution decision: As of 2026-05-28, an institution decision has not yet been issued. The statutory deadline for the PTAB to issue an institution decision is typically six months from the filing date of the petition, which would be around 2026-07-26 for this proceeding.
• Final Written Decision: Not applicable as the proceeding is pending.
• Settlement / termination: Not applicable as the proceeding is pending.
• Appeal: Not applicable as the proceeding is pending.
• Defensive value: This IPR is in its early stages. For a defendant facing assertion, the outcome of this proceeding will be highly significant. If claims are instituted for review, it will provide an opportunity to challenge the patentability of the claims cited in any demand letter. If institution is denied, it would suggest the patent's claims have withstood an initial challenge.

Strategic summary

Currently, all claims of US Patent 11728564 remain untested by a final PTAB decision. The single IPR proceeding, IPR2026-00234, is in its preliminary stages, with the institution decision pending. Therefore, there are no claims that have been CANCELED or SUSTAINED by the PTAB at this time. All claims of the patent are currently UNTESTED within the context of AIA trial proceedings.

Regarding the estoppel landscape, since no institution decision or Final Written Decision has been issued, the statutory estoppel provisions of 35 U.S.C. § 315(e)(2) do not yet apply. If institution is granted, Samsung Electronics Co., Ltd. et al. (and their privies) would be barred from raising any ground raised or that reasonably could have been raised in this IPR once a final written decision is issued. For other potential defendants, the prior art grounds will remain available until such an event. The involvement of a major entity like Samsung Electronics Co., Ltd. as a petitioner suggests a high-stakes assertion context for this patent.

The patent record indicates that Unified Patents has flagged this patent for litigation and IPR activity. While the IPR petition itself was filed by Samsung, Unified Patents often plays a role in identifying patents for defensive challenges, which aligns with the "Critical" tag in the patent's legal status history regarding litigation and IPRs. This suggests a pattern where a patent owner may be asserting this patent, leading to defensive actions by accused infringers.

Recommended next steps

For a defendant facing assertion of US Patent 11728564:

• Monitor IPR2026-00234 closely: The next critical milestone is the institution decision, expected around 2026-07-26. If the PTAB decides to institute the IPR, it will signal that at least some claims of the patent have a reasonable likelihood of being found unpatentable, which could significantly impact the strength of any assertion.
• Review the IPR petition: Obtain and thoroughly review the petition filed in IPR2026-00234 to understand the specific claims being challenged and the prior art asserted against them. This will provide insight into potential weaknesses of the patent.
• Assess potential for intervention: Depending on the defendant's relationship with Samsung Electronics Co., Ltd. and the claims being asserted, evaluate the possibility of joining IPR2026-00234 if institution is granted.
• Consider new IPRs: If the current IPR does not cover all claims being asserted against the defendant, or if the grounds in IPR2026-00234 are not fully aligned with the defendant's prior art, consider filing a new IPR petition. However, be mindful of statutory deadlines (e.g., one year from service of a complaint).

``` ## Proceedings overview There is currently one AIA trial proceeding on file for US Patent 11728564. This proceeding, IPR2026-00234, is active and pending an institution decision. As a result, no claims have been invalidated or sustained by the PTAB, meaning the patent's defensive posture is currently untested in this forum.

IPR2026-00234 — SAMSUNG ELECTRONICS CO., LTD. et al. v. AQ Corp

• Type: Inter Partes Review
• Filed: 2026-01-26
• Status: Pending – The proceeding is active and has not yet reached a decision on whether to institute trial.
• Judge panel: Information regarding the specific Administrative Patent Judges (APJs) assigned to the panel is not yet publicly available for this pending proceeding. Starting October 20, 2025, the USPTO Director now decides whether to institute IPR and post-grant review trials.
• Petition grounds: The petition for IPR2026-00234, filed by SAMSUNG ELECTRONICS CO., LTD. et al., challenges US Patent 11,728,564. Specific details regarding the claims challenged and the prior art references cited under statutory bases (e.g., 35 U.S.C. §§ 102 or 103) would be outlined in the publicly available petition document.
• Institution decision: As of today's date, 2026-05-28, an institution decision has not yet been issued. The statutory deadline for the Patent Trial and Appeal Board (PTAB) to issue a decision on institution is typically six months from the filing date of the petition, placing the anticipated decision date around 2026-07-26.
• Final Written Decision: Not applicable, as the proceeding is currently pending an institution decision.
• Settlement / termination: Not applicable, as the proceeding is currently pending an institution decision.
• Appeal: Not applicable, as the proceeding is currently pending an institution decision.
• Defensive value: This IPR is in its nascent stages. For a defendant currently facing assertion of this patent, the outcome of the institution decision will be crucial. A decision to institute would suggest the challenged claims face a reasonable likelihood of being found unpatentable, potentially weakening the patent owner's position. Conversely, a denial of institution would indicate that the patent has withstood this initial challenge, making future IPRs on the same or similar grounds more difficult.

Strategic summary

All claims of US Patent 11728564 remain untested in AIA trial proceedings, as the sole IPR (IPR2026-00234) is still awaiting an institution decision. Consequently, there are no claims currently marked as CANCELED or SUSTAINED by the PTAB; all claims are presently UNTESTED.

Regarding the estoppel landscape, since IPR2026-00234 has not yet reached an institution decision, the estoppel provisions of 35 U.S.C. § 315(e)(2) are not yet in effect. If the IPR is instituted and proceeds to a final written decision, the petitioner, SAMSUNG ELECTRONICS CO., LTD. et al., and their privies would be estopped from asserting invalidity grounds that were raised or reasonably could have been raised in the IPR. For other potential defendants, the full range of prior art grounds remains available until an institution decision is made and potentially a final written decision is issued.

The fact that SAMSUNG ELECTRONICS CO., LTD. et al. have filed an IPR petition suggests that this patent may be part of active assertion campaigns. The patent's Google Patents listing notes "Family has litigation" and points to a US case filed in the Texas Eastern District Court (2:25-cv-01012), indicating a pattern of litigation activity. The "Critical" tag on Unified Patents for this IPR further signals a defensive response to patent assertion, a common strategy by entities facing infringement claims.

Recommended next steps

• Monitor IPR2026-00234 Closely: The most immediate and critical event for this patent is the institution decision for IPR2026-00234, expected around 2026-07-26. A decision to institute would indicate a potential vulnerability in the patent's claims. For a defendant, closely tracking the progress of this IPR is essential.
• Review Petition for Grounds: If facing assertion, obtain and meticulously review the IPR2026-00234 petition to understand the precise claims being challenged and the prior art cited. This insight can help inform a defense strategy or an independent validity analysis.
• Evaluate Intervention/Additional Challenges: If the current IPR is instituted, consider the strategic implications for intervention, especially if the defendant is a privy to the petitioner or if their products are similarly impacted. Also, assess whether the petition adequately addresses all asserted claims or if there are other strong prior art grounds that might warrant a separate IPR filing. Note that recent USPTO policy changes, effective October 20, 2025, mean the Director, not a panel of APJs, will decide on institution. Furthermore, proposed rules could limit serial and parallel challenges, emphasizing the importance of a comprehensive initial petition.