PTAB challenges

Proceedings overview

There is currently one active AIA trial proceeding on US patent 11753046. The proceeding, IPR2025-01575, has reached the "Trial Instituted" status, meaning the PTAB has authorized a full review of the challenged claims. This indicates that at least some claims of the patent are currently being challenged and their validity is uncertain. For a defendant, this means the patent's claims are actively under scrutiny, and the outcome of the IPR will significantly impact the patent's enforceability.

IPR2025-01575 — Tesla, Inc. v. Perceptive Automata LLC

• Type: Inter Partes Review
• Filed: 2025-10-01
• Status: Trial Instituted (The PTAB has decided to proceed with a full review of the challenged claims).
• Judge panel: The institution decision for IPR2025-01575 was rendered by Administrative Patent Judges Brian P. Murphy, Lori A. Peterson, and Grace H. Kim.
• Petition grounds: Tesla, Inc. challenged claims 1-13 of U.S. Patent No. 11,753,046 as unpatentable under 35 U.S.C. § 103 over a combination of U.S. Patent Application Publication No. 2017/0053158 to Waymo LLC (hereinafter “Waymo”) and European Patent Application Publication No. EP 3 249 713 A1 to Toyota Jidosha Kabushiki Kaisha (hereinafter “Toyota”).
• Institution decision: Instituted on 2026-03-22. The PTAB found that Tesla, Inc. demonstrated a reasonable likelihood that claims 1-13 are unpatentable under 35 U.S.C. § 103 over Waymo in view of Toyota.
• Final Written Decision: Not yet issued. The status of the proceeding is "Trial Instituted," indicating that the trial phase is ongoing.
• Settlement / termination: Not yet applicable as the trial is ongoing.
• Appeal: Not yet applicable as a Final Written Decision has not been issued.
• Defensive value: All 13 claims of the patent are currently under review by the PTAB due to a finding of reasonable likelihood of unpatentability. This significantly weakens the patent owner's position for assertion of these claims against Tesla or parties in privy with Tesla, and potentially other defendants, while the IPR is pending.

Strategic summary

Currently, claims 1-13 of US11753046 are undergoing Inter Partes Review in IPR2025-01575. None of the claims have been canceled or definitively sustained yet, as the proceeding is in the "Trial Instituted" phase. This means all claims (1-13) are currently "UNTESTED" in terms of a final PTAB decision, but are "CHALLENGED" with a positive institution finding. The patent, if asserted, is currently operating under the cloud of this ongoing validity challenge.

Regarding the estoppel landscape, Tesla, Inc. (and any parties in privy with Tesla) would be estopped under 35 U.S.C. § 315(e)(2) from asserting in future litigation that claims 1-13 are invalid based on any ground that was raised or reasonably could have been raised in IPR2025-01575. Specifically, the combination of Waymo and Toyota for obviousness under § 103 is a ground that has been explicitly challenged and instituted. For other potential defendants, these specific prior art references (Waymo and Toyota) and the obviousness grounds they support are still available for use in their own challenges or defenses, assuming they are not in privy with Tesla.

The patent owner, Perceptive Automata LLC, is currently facing a challenge from Tesla, Inc., a prominent player in the autonomous vehicle industry. This indicates that the patent is considered relevant enough to warrant an IPR by a significant market participant. The institution of the IPR on all challenged claims (1-13) suggests the PTAB found the petitioner's arguments compelling, which is a negative signal for the patent owner's broader enforceability.

Recommended next steps

The IPR2025-01575 proceeding is active and in the trial stage. The PTAB instituted the IPR on 2026-03-22. Given the statutory one-year deadline for a Final Written Decision from institution, a Final Written Decision is anticipated by approximately 2027-03-22. Parties facing assertion of this patent should monitor the progress of IPR2025-01575 closely. The institution decision is available on the USPTO PTAB E2E system. Reviewing the institution decision is crucial to understand the PTAB's initial reasoning for finding a reasonable likelihood of unpatentability for claims 1-13.

Specifically, the institution decision from the PTAB on March 22, 2026, found a reasonable likelihood that claims 1-13 are unpatentable. This means that any infringement theories relying on these claims face significant risk of invalidation.

The institution decision for IPR2025-01575 can be found on the USPTO PTAB E2E system by searching for the proceeding number.