PTAB challenges

Proceedings overview

There is one active AIA trial proceeding on US patent 11731682. This Inter Partes Review (IPR) has been instituted, meaning the Patent Trial and Appeal Board (PTAB) has decided to review the patentability of the challenged claims. As the trial is ongoing, no claims have yet been invalidated or sustained. For a defendant facing assertion of this patent, the existence of an instituted IPR presents an opportunity for potential invalidation of the patent's claims.

IPR2025-01122 — Evenflo Company, Inc. v. Baby Jogger, LLC

• Type: Inter Partes Review
• Filed: 2025-06-16
• Status: Trial Instituted — The PTAB has decided to initiate a trial to review the patentability of the challenged claims, and the proceedings are currently underway.
• Judge panel: Not publicly available in the search results.
• Petition grounds: Specific claims challenged, prior art references, and statutory bases (§ 102 / § 103 / § 112) for IPR2025-01122 were not explicitly detailed in the provided search results.
• Institution decision: Instituted on 2025-12-01. The Director issued a Notice of Decisions on Institution granting institution, but a written opinion addressing discretionary factors or the merits was not provided at that time. This aligns with a new interim process where institution decisions can be bifurcated, with discretionary considerations preceding merits review.
• Final Written Decision: Not yet issued, as the proceeding is in the trial phase.
• Settlement / termination: Not applicable as the proceeding is in the trial phase.
• Appeal: Not applicable as no Final Written Decision has been issued.
• Defensive value: This active IPR means that the patentability of at least some claims of US11731682 is currently under review by the PTAB. A favorable outcome for the petitioner (Evenflo Company, Inc.) could lead to the cancellation of challenged claims, significantly weakening the patent for any defendant. The ongoing nature of the trial means that the patent's validity is still uncertain.

Strategic summary

Currently, all claims of US11731682 are considered UNTESTED in terms of final PTAB adjudication, as the single IPR (IPR2025-01122) against it is still in the trial phase, with no Final Written Decision having been issued. Therefore, no claims have been definitively canceled or sustained by the PTAB at this stage.

Regarding the estoppel landscape, 35 U.S.C. § 315(e)(2) generally bars petitioners (and their privies) from asserting in future civil actions or other USPTO proceedings any ground of invalidity that they raised or reasonably could have raised during the IPR. Since Evenflo Company, Inc. is the petitioner in IPR2025-01122, and they are also involved in parallel district court litigation against Baby Jogger, LLC (e.g., in D. Del. Case No. 24-723-GBW), if the IPR proceeds to a Final Written Decision, Evenflo and its privies would be estopped from raising grounds that were or could have been raised in the IPR. However, until an FWD is issued, the full scope of potential estoppel is not yet determined. Other potential defendants not in privity with Evenflo Company, Inc. would generally retain the ability to challenge the patent using any available prior art grounds.

A pattern signal is the involvement of Evenflo Company, Inc. as a petitioner in an IPR against Baby Jogger, LLC, occurring in parallel with district court litigation. This indicates a direct challenge to the patent's validity by an accused infringer. It is common for defendants in patent litigation to file IPRs as a strategy to invalidate asserted patents.

Recommended next steps

Given that IPR2025-01122 is currently in the trial phase, a defendant facing assertion of US11731682 should closely monitor this proceeding. The PTAB operates under a statutory deadline of one year from the institution date to issue a Final Written Decision. The institution date for IPR2025-01122 was 2025-12-01, meaning the Final Written Decision is anticipated by 2026-12-01. Key milestones to track include the scheduling of an oral hearing and the eventual issuance of the Final Written Decision, which will determine the patentability of the challenged claims. The outcome of this IPR could significantly impact the strength of US11731682 and any ongoing or future infringement assertions.